SUMERMAL RAJMAL Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree of the Revenue Appellate Authority, Udaipur, dated 5-4-63, whereby he accepted the appeal against the judgment and decree of the Sub-Divisional Officer, Nimbahera dated 25-1-61 and held that the plaintiff-appellant; was not entitled to recover the arrears of rent as the relationship of the lesser and lessee between the plaintiff and the defendant had ceased to exist by the operation of sec. 43 (2) of the Rajasthan Tenancy Act.

(2.) BRIEFLY stated the facts leading to this second appeal are that the plaintiff-appellant brought a suit against the defendant-respondent for arrears of rent amounting to Rs. 116/10/- in 1957. It was stated in the plaint that the suit land had been mortgaged by the defendant respondent to the plaintiff-appellant in 1929 and further that the same was given on lease by him to the defendant-respondent immediately thereafter. The defendant-respondent having failed to pay the arrears of rent for three years, the aforesaid suit was filed in the court of the Sub-Divisional Officer, Nimbahera, on 21-3-57. The trial Court decreed the suit. Having felt aggrieved by this order, the defendant-respondent filed an appeal in the court of the learned Revenue Appellate Authority.