LALA Vs. LAL KHAN

JUDGEMENT

(1.) Ali Mohd., Lal Khan and Gulam Mohd. brought a suit against present appellant Lala in the Court of Addl. District Judge, Churu, for recovery of arrears of rent and possession of a "bari" on the averments that Lal had taken the aforesaid "bari" with a well on rent from them on 28-11-67 at a monthly rent of Rs. 5/-. The lease was to expire on 31-3-68. A "kirayanama" was executed on 28-11-67. The defendant did not pay any rent. It was pleaded that the plaintiffs required the "bari" for their own use. A notice of termination of tenancy was sent to the defendant on 17-3-69, which was received by the defendant on 18-3-69 but he neither paid rent nor vacated the bari and the well.

(2.) The suit was resisted by the defendant, who traversed the claim of the plaintiffs. He denied that he had ever taken on rent the suit "bari" or the well. It was pleaded that thumb impression of the defendant was obtained by the plaintiff Ali Mohd. by playing fraud on him. On such pleas, it was prayed that the suit may be dismissed.

(3.) The suit had a chequered history. Eventually, the suit reached to the Court of Munsif, Churu who decreed the suit of the plaintiffs vide his judgment and decree dt. 18-5-72.