RAMESHWAR Vs. RAMESHWAR

JUDGEMENT

(1.) THIS is second appeal by the defendants in a suit for ejectment and arrears of rent in respect of two shops situated at Nim-ka-Thana.

(2.) THE respondents, Rameshwar and his brother Boda Lal, sued the appellants, Rameshwar and his son Madan Lal in the Court of Munsif, Nim-ka-Thana, on the 4th September, 1951, on the allegations that the premises in dispute, namely, the two shops described in the plaint, were given on lease under an oral agreement to the defendants on Chait Sud 7, Svt. 2005, (16th April, 1948), for a period of three years in consideration of Rs. 800/- by way of rent. It was stated that a document of lease was also executed two days later. But as it was neither stamped nor registered, it was not admissible in evidence. It was alleged that the defendant had paid Rs. 534/- on account of rent for two years, but did not pay any rent for the subsequent period. THE plaintiffs claimed Rs. 266/- as arrears of rent for one year, and thereafter damage for 4-1/2 months of occupation of the shops at Rs. 800/- per year, and prayed for ejectment. An allegation was made that a notice of ejectment had been duly served on the defendants.