HINDU SINGH Vs. MANA

JUDGEMENT

(1.) THIS is an appeal by the plaintiff appellants Hindu Singh and others against the judgment and decree of the District Judge, Balotra in a suit for arrears of rent and ejectment.

(2.) THE material facts are these. THE case of the plaintiffs was that their ancestor Bulidan Singh (who is the father of the plaintiffs Hindu Singh and Roop Singh and grand-father of Narain Singh son of Hindu Singh) let out the piece of land, which is called Bara, situate in the town of Barmer, to defendants Mana and his sons who are the respondents under a rent-note Ex. P. 1 dated Posh Sudi 5 Smt. 1986 executed by Mana on behalf of himself and his sons in favour of the said Bulidan Singh. By this rent-note, the respondent Mana said that he had taken the Bara on rent at an annual rent of 1/4/- and that he would vacate it whenever the landlord so wished. THEreafter the boundaries of the Bara were specified, and it was further recited that "therefore we shall enjoy it for a period of 12 months and thereafter whenever you will so ask, we shall vacate it and hand it over to you. " THE plaintiffs' case further was that the respondents had paid rent upto Smt. 2000 (corresponding to 1943 A. D.) to their deceased ancestor Bulidan Singh who died some time in that year, but thereafter the respondents did not pay any rent whatsoever. THE plaintiffs then gave a notice to the defendants respondents on the 2nd March, 1951, to pay six years' arrears of rent amounting to Rs. 7/8/-and also to vacate the Bara. As the defendants did not do so, the plaintiffs brought the present suit on the 24th April, 1951, claiming arrears of rent amounting to Rs. 7/8/-and ejectment.

(3.) THE result is that I allow this appeal, set aside the judgment and decree of the learned District Judge and hereby award a decree that the defendants respondents shall be evicted from the Bara in suit and that they shall make over possession of the same to the plaintiffs appellants and further that they shall pay a sum of Rs. 7/8/- (Rupees seven and annas-eight) as damages for use and occupation thereof for six years preceding this suit. THE defendants respondents shall bear the costs of the plaintiffs appellants in all the courts.