DURGA PRASAD Vs. KANHIYALAL

JUDGEMENT

(1.) This is a plaintiffs' second appeal against the judgment and decree of the learned District Judge, Ajmer dated 10-4-1967 affirming the judgment and decree of learned Civil Judge, Kishangarh dated 13-10-1966.

(2.) The plaintiff appellant filed a suit for arrears of rent and eviction against the defendants in respect of a house situated in village Harmara. The plaintiffs' case was that the defendants took a house on rent excepting a 'Kothari' on a monthly tenancy commencing from Sudi 1st of every month. The rent agreed was Rs. 50/- per year. The plaintiff claimed Rs. 133.30 as arrears of rent and Rs. 13.50 as mesne profits and claimed eviction. The defendants in their joint written statement took the plea inter alia that though they were tenants of the plaintiff, but on 19-4-1959, the plaintiff sold the house for Rs. 2200/- and handed over possession of the same and the relationship of landlord and tenant came to an end thereafter. They further submitted that the plaintiff obtained a sum of Rs. 1,000/- by way of earnest money, but thereafter, did not get the sale-deed registered that the defendants were ready and willing to perform their part of the contract. The defendants thus claimed protection under Section 53-A of the T. P. Act. The trial court framed the following issues: ..(VERNACULAR MATTER OMMITED)..

(3.) The trial court decided all the issues in favour of the defendants and dismissed the suit. Learned District Judge also upheld the judgment of the trial court. Hence, this second appeal by the plaintiffs in his court.