MOOL CHAND Vs. RENUKA DEVI

JUDGEMENT

(1.) THIS is a second appeal by the defendant, Mool Chand, against whom a decree for Rs. 1,209/- as arrears of rent and for ejectment from the suit premises was passed by the Civil Judge, Jaipur City and upheld in appeal by the District Judge, jaipur City.

(2.) MOOL Chand defendant is the owner of the house F-150 in residency area of the c-scheme. Jaipur. He mortgaged this house with possession by a registered mortgage deed dated 12-9-1956 with Prasad Dass Banerjee and his brother narain Dass Banerjee for a sum of Rs. 15999/ -. By a separate document of the same date Mool Chand was accepted as a tenant on a portion of the said house. The defendant thus continued to be in possession of that part of the house. A rent note (Ex. 1) was executed and the mortgagor agreed to pay Rs. 93/- p. m. as rent for the said part of the house. Mool Chand paid the rent for two months, upto 1211-1956. By the rent note Ex. 1 the period of tenancy was fixed for a Period of one year. It was also agreed that if the rent was not paid for a period of four months, the mortgagor will be liable to be evicted from the suit premises, Prasad dass died intestate and without leaving an issue on 4-4-1957. Mool Chand having not paid the rent after 12-11-1956. Narain Dass served him with a notice asking him to quit the suit house by 12-11-1957. Mool Chand did not vacate the suit house and, therefore, Narain Dass instituted the suit out of which this appeal has arisen, on 23-12-1957 in the Court of Civil Judge Jaipur City. He claimed Rs. 1,209/- as arrears of rent and mesne profits at the rate of Rs. 93/- p. m. from 1211-1956 to 12-12-1957 and the eviction of the defendant on the ground of default from the suit house.

(3.) THE suit was resisted by Mool Chand. He admitted the mortgage and having executed the rent-note. His plea, however, was that on 13-1-1957 he paid an amount of Rs. 11,000/- towards the principal amount of the mortgage and Rs. 186/- towards rent for two months due from him. He also produced agreement Ex. A-1 and receipt Ext. A-2 alleging that they were executed by Prasad Dass. On the basis of these two documents it was alleged that Prasad Dass agreed not to charge rent for the suit house in future. It was, however, admitted that the only amount payable by him towards the mortgage money is the sum of Rs. 4,999/ -. Another plea, raised by him was that Prasad Dass having died Narain Dass alone was not entitled to maintain the suit.