BABU LAL Vs. SHIVE LAL

JUDGEMENT

(1.) Babulal Shiv Charan Lal, plaintiff-appellants have filed this appeal against the judgment of the Additional District Judge, Gangapur City, by which the decree passed by the Munsif, Hindon in a suit for ejectment and arrears of rent was modified.

(2.) The plaintiff filed a suit for ejectment and arrears of rent on the basis of a rent note executed by the defendant-respondent in favour of the plaintiff- appellants on 21-1-1957, by which the defendant agreed to pay the rent of the premises in question to the appellants at Rs. 30/- p.m. The execution of the rent deed was held to be proved by the trial court, and was not challenged before the first appellate court. Since the defendant did not pay the rent from 20-5-1964 to 25-5-1967, the plaintiff filed a suit. The present suit is for eviction and arrears of rent for Rs. 1,080/-

(3.) The defendant admitted Rs. 1,500/-and that he executed an usufructuary mortgage in favour of the plaintiffs and claimed that decree for eviction as well as rent should be granted. The defendant in the written statement alleged that he has filed an application under Section 6 of the Rajasthan Relief of Agricultural Indebtedness Act (hereinafter referred to as the Act) and that debt has been determined. This determination includes the debt of the plaintiffs to the extent of Rs. 1,500/- In the application before the Debt Relief Court this mortgage deed was included.