SURAJ MAL Vs. SETH SITA RAM

JUDGEMENT

(1.) THIS is a second appeal by the contesting defendant in a suit for ejectment and recovery of arrears of rent.

(2.) RESPONDENTS Nos. 1 and 3 in the court of Munsif, Jaipur City West, on 3rd February, 1947, on the allegations that the defendants were their tenants under a rent-note dated 21st August, 1944, on a monthly rent of Rs, 13/ -. It was alleged that under the terms of the said agreement the defendants had agreed to vacate the premises within one month of their being called upon to do so. The plaintiffs' case was that the defendants had failed to pay the rent for a year and three months and to vacate inspite of a notice having been served upon them. It was mentioned that a proper certificate from the Rent Controller for institution of the suit had been obtained on 7th September, 1946. The plaintiffs claimed Rs. 195/- as arrears of rent and annas -/4/-as cost of notice, and prayed for ejectment.

(3.) THE case of Banchhanidhi Samantrai vs. Lachminarain Agarwa!a (2) is distinguishable for in that case the defendant was admittedly let into the house as a monthly tenant, and the case relates to the interpretation of sec. 110 of the Transfer of Property Act.