NANE SHAH Vs. RAMKUMAR

JUDGEMENT

(1.) THIS is a Civil Second Appeal in a suit for ejectment and arrears of rent.

(2.) THE case of the plaintiff-respondent as set out in the plaint is that on 7th June, 1954 the defendant-appellant had taken on lease certain pucca structures standing on the land which had been purchased by the plaintiff from the defendant on a monthly rent of Rs. 7/- and had executed a rent-note. It is further alleged that the defendant paid Rs. 21/- as rent on 2.10.1954, but thereafter made default in payment of rent. THE plaintiff served a notice for ejectment on 26.3.1957 and then filed the present suit on 23.4.1957 for ejectment of the defendant and for payment of arrears of rent amounting to Rs. 220/- and for mesne profits till ejectment. THE defendant contested the suit denying that the plaintiff had purchased any land from him or that he had executed any rent-note. It was further alleged that the defendant was the servant of the plaintiff-respondent and he might have forged a document purporting to be a rent note. It was also stated that the land was an evacuee property and could not have been sold to the plaintiff.