KESA Vs. GANESH AND OTHERS

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment of a tenant and for recovery of arrears of rent, which has been dismissed by both the Courts below.

(2.) The plaintiffs' case is that their house situated in village Siriyari, District Pali was given on lease by them to the defendants on Chaitra Sudi 9, Samvat 2002, on a monthly rent of Rs. 2/- per month and that a tent deed was executed by the defendants on that vary day and possession of the house was also delivered to the defendants on the same day. According to the plaintiffs, the defendants did not make payment of any rent. The plaintiffs then gave a notice on May 3, 1966 to the defendants terminating their tenancy and demanding delivery of possession and payment of arrears of rent, but as the defendants did not make any payment even thereafter nor did they re-deliver possession of the house in dispute to the plaintiffs, a suit for recovery of Rs. 38/- as arrears of rent and Rs. 34/-as damages for use and occupation and for ejectment of the defendants from the suit premises was filed in the Court of Munsif, Sojat on December 19, 1967.

(3.) The defendant No. 3 contested the suit and denied the title of the plaintiffs as well as the fact of alleged tenancy. According to the contesting defendant, that so called rent note was inadmissible in evidence, as the same was compulsorily registerable, but was not registered. The defendant No. 3 asserted that he had purchased the house in dispute by a registered sale-deed dated September 24, 1961 from Magna son of Nanda, resident of Siryari, who was the uncle of the plaintiffs and was the owner of the house in dispute, for a sum of Rs. 500/-. Thus the defendant claimed to be in possession of the house in dispute as owner thereof. The other defendants did not appear inspite of service of notices upon them and proceedings were taken ex parte against them.