MOHAMMAD ZAKI Vs. LEKHRAJ

JUDGEMENT

(1.) THIS is a defendant's second appeal against the judgment of Additional District Judge, Bundi in Civil Appeal No. 22 of 1972 reversing the judgment of Munsif, Bundi in Civil Suit No. 227 of 1961.

(2.) THE plaintiff's case is that he gave on rent his one house described in Para No. 1 of the plaint to deceased Mustafa Hussain on monthly rent of Rs. 4.50, which was later raised to Rs. 5/- per month and this Mustafa Hussain remained in possession of the house till death : Mustafa Hussain expired in 1951 and after his death defendant No. 1, his wife Smt. Shahzadi Begum and defendant No. 2 Mohammad Zaki, his brother came in possession of this house and continued as tenants. A registered notice was given terminating the tenancy and thereafter the suit was filed for arrears of rent and eviction.

(3.) THE following issues were framed :