RAMGOPAL Vs. MANGLA

JUDGEMENT

(1.) THIS is a Civil Second Appeal in a suit for ejectment and arrears of rent on behalf of the plaintiff who, it is admitted, had leased one shop at Bajaj Road in Sikar to defendant Mangla. The defendant had executed the rent note (Ex. 1) in favour of plaintiff on 20th March, 1959 which contained the terms of the lease.

(2.) THE case of the plaintiff is that one of the terms of the lease was that the tenant would vacate the shop in dispute in case the rent was in arrears. THE trial court decreed the suit for ejectment on the ground that the defendant was liable to ejectment as the rent fell in arrears. On appeal by the defendant, the lower appellate court came to the conclusion that the rent-note provided for one month's notice for determination of lease, and as no such notice was given, the tenancy did not terminate. It also held that the condition of one month's notice was not in any way affected by the term in the rent-note that the tenant will vacate the shop in dispute in case the rent was in arrears. Taking this view of the matter, the lower appellate court dismissed the suit for ejectment. Hence this second appeal on behalf of the plaintiff.