Judgment

GAJENDRAGADKER, J. : This appeal by a certificate given by the Rajasthan High Court arises from a suit filed by the respondent Mst. Manphool Bai against appellant 2 Ladu Ram for the recovery of the arrears of rent and for ejectment. To this suit the respondent joined appellant 1 her mother in-law Gulab Bai as a pro forma defendant. The property in question is a shop situated in the Johri Bazar at Jaipur. This property originally belonged to Chhogalal, and after him it devolved on his adopted son Phool Chand. The case for the respondent is that her husband Lal Chand had been adopted by appellant 1 after the death of her husband Phool Chand. Appellant 2 had executed a rent note (Ex. 24) in favour of Lal Chand in Samvat Year 1939. On Lal Chand s death the respondent held the property as his widow and as such she served a notice on appellant 2 on May 31, 1938, calling upon him to pay the arrears of rent due from him and asking him to vacate the shop (Ex. 16). It appears that soon thereafter on August 27, 1938, appellant 2 executed a rent note in favour of the respondent (Ex. 21) but apparently appellant 2 failed to pay the rent regularly and so on January 17, 1939, the responde