GORULAL Vs. GOPICHAND

JUDGEMENT

(1.) THIS is a second appeal by the 'defendants Gorulal and Damodar, father and son, against the judgment and decree of the Senior Civil Judge, Jaipur City, affirming the judgment and decree of the Additional Munsiff, Jaipur City, in a suit for rent and eviction.

(2.) IT is admitted between the parties that the defendants appellants bad taken the shop in suit with a Chobara on it from Rampratap and Badrinarain on a rent of Rs. 6/- per mensem by a rentnote dated the 4th January, 1944, Ex. 1. It is further admitted that Rampratap and Badrinarain had made a gift of the suit property to mst. Shantidevi, wife of the plaintiff Gopichand and that on her death, Triveni devi, her daughter, succeeded to the property and that the latter also 'died unmarried on the I4th of April, 1957. On the 30th December, 1955, a notice was served on behalf of Mst. Triveni Devi on the defendants terminating their tenancy and asking them to hand over possession of the suit property. Eventually, the plaintiff Gopichand brought the present suit for recovery of the arrears of rent amounting to Rs. 216/- and also for ejectment on the 18th January 1958. The sole ground on which this suit was brought was that the defendants had defaulted in the payment of rent from the 4th January, 1955 to the 4th January, 1958.

(3.) THE defendants resisted the suit on a number of grounds. They contended that the plaintiff had no locus standi to bring the present suit as he was not the lawful heir of Mst. Triveni Devi, and in any case, there were other heirs who had not been impleaded as plaintiffs. They further contended that a sum of Rs. 70/- had been sent by them by a money-order (Ex. A-1) which was received by Mst. Triveni devi's counsel on the 29th January, 1956, presumably this being the rent due from the 4th January, 1955, upto some time in 'december, 1955. It was finally contended that as the entire amount of the rent in arrears had been deposited by them on the first date of hearing, they were entitled not to be evicted from! the suit premises.