SMT. RAMESHWARI Vs. GANPATLAL

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the Additional District Judge No. 1, Ajmer dated Sept. 13, 1974 in it suit for eviction and arrears of rent.

(2.) The dispute relates to the house property situate at Ajmer and described in paragraph No. I of the plaint. Admittedly, this property once belonged to defendant Balu Ram, who is now dead and is represented by his legal representatives who are appellants in this appeal before me.

(3.) In the year 1943, Balu Ram sold this property to the plaintiff-respondent Ganpat Lal vide sale-deed Ex. 7. A rent note was executed by Balu Ram in favour of the plaintiff on July 25, 1943, which is Ex. 2. in the year 1947, an agreement was executed by the plaintiff Ganpat Lal to sell this property to Balu Ram for Rs. 3,000.00. The sale price was received by the plaintiff Ganpat Lal, but it appears that no sale-deed was executed in pursuance of the agreement to sell which is Ex. A.1. On July 16, 1955, Balu Ram executed a rent-note in favour of the plaintiff Ganpat Lal. This rent-note is Ex. 1. The plaintiff Ganpat Lal received rent vide receipt Ex. 3 dated June 12, 1956 from the defendant Balu Ram. In the litigation between the plaintiff Ganpat Lal and one Jagannath, defendant Balu Ram made a statement on Jan. 12, 1957 wherein he admitted himself to be the tenant of the house in dispute. This statement is Ex. 8. Similarly in an application under Order 21 rule 100 Code of Civil Procedure Balu Ram admitted himself to be the tenant of the plaintiff Ganpat Lal. This application is dated Aug. 1, 1956 and is marked as Ex. 9. The genuineness of these documents are not in dispute before me.