UDA RAM Vs. TEJ KARAN

JUDGEMENT

(1.) THIS is a defendant-tenant's second appeal arising out of a suit for arrears of rent and ejectment in respect of a Nohra in the town of Churu. The case set out in the plaint was that the Nohra in question was rented out by Kishanlal, father of the plaintiffs, to the appellant on 24-7-52 on an yearly rent of Rs. 4/- by a rent note Ex. 1 executed by the defendant in favour of Kishanlal. The plaintiffs terminated the defendant's tenancy by a notice dated 10-10-67 marked Ex. 4 and thereafter filed the present suit on 5th February, 1968, claiming ejectment on grounds of default in payment of rent, personal necessity and denial of the plaintiffs' title by the defendant. A decree for Rs. 12/- being three years' rent was also claimed.

(2.) THE defendant denied relationship of landlord and tenant between him and the plaintiffs. He also denied the execution of the rent note and asserted his own title to the Nohra. Admissibility of the rent-note was also challenged on the ground that it was not properly stamped and had not been registered.

(3.) LEARNED counsel for the appellant also urged that 'kabuliat' or a rent note cannot be made a basis of the suit and no oral agreement accompanied by delivery of possession had been pleaded and proved by the plaintiffs. It is submitted that a Kabuliat can be used only as a corroborative piece of evidence and not as a basis of the suit. In support of this contention he has relied upon Banarsilal v. Shri Bhagwan (2 ).