KUSHAL RAJ Vs. MST MOOLI BAI

JUDGEMENT

(1.) THIS is a civil regular second appeal by the defendant Kushalraj in a suit for rent and ejectment. There is no dispute at this date so far as the decree for rent is concerned, and, therefore, the only question which is in controversy in this appeal is that relating to ejectment.

(2.) THE facts leading up to this appeal in so far as they are material for our present purposes may be stated as follows. THE defendant appellant and his father Ganeshmal obtained the suit premises on rent from the plaintiffs by a rent-note dated the 6th July, 1953 (Ex. 1 ). By this rent-note, the defendant had agreed to pay an annual rent of Rs. 348/- or at the rate of Rs. 29/- per mensem. It was further agreed between the parties that the defendants would vacate the suit premises whenever the landlords so desired. This rent note was registered by Ganeshmal but not by Kushal Raj. THE case of the plaintiffs was that the tenants had allowed rent, amounting to Rs. 609/- to fall in arrears and that they gave a notice to the defendants to pay the arrears of rent as well as to vacate the premises in suit but without any avail. Consequently, they brought the suit, out of which this appeal arises, on the 4th April, 1956, for the reliefs mentioned above.

(3.) THE position, therefore, at which we arrive is that the rent-note in suit, inasmuch as it created a mere tenancy-at-will even though it fixed an annual rent was not compulsory registrable. THEre could be no bar, therefore, to the admissibility of this document against the defendant appellant once it is held to have been executed by him.