SHEOBUX SINGH Vs. PARASRAM

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for ejectment and arises in the following circumstances :

(2.) THE appellant Sheobuxsingh instituted the present suit on 7th of May, 1957 in the court of the Munsif, Sikar on the allegations that the defendant Paras Ram took a shop of the plaintiff on rent on 19th October, 1955 on a rent of Rs. 7/- per month for a period of six months. It was alleged that the rent fell in arrears and by Asad Sudi 5, Svt. 2013, Rs. 39/- remained due for which he executed a document. Of this amount, the defendant was alleged to have paid Rs. 26/- and Rs. 13/- were still due. It was then alleged that the rent from Asad Sudi 5th, Svt. 2013 to Baisakh Sudi 5, Svt. 2014 for a period of 7 months had also become due. It was alleged that a notice was given to the defendant on 28th March, 1956 to vacate the premises within one month and to pay the amount, but this was not complied with. THE plaintiff claimed Rs. 62/- as arrears of rent up to Baisakh Sudi 5, Svt. 2014 (corresponding to 4th May, 1957) and prayed for ejectment. THE suit was contested on various grounds. THE trial court gave a decree for the arrears of rent, but declined to grant the relief of ejectment on the ground that the notice was not valid according to law. THE plaintiff filed an appeal, but the same judgment was upheld. THE plaintiff has come in second appeal.