Judgment

GAJENDRAGADKAR, J. : It is not necessary to deal with the merits of the points which the appellant wanted to raise before us in this appeal, because we are satisfied that the respondent s prayer that the special leave granted to the appellant should be revoked, is well founded. The appellant is a tenant of the premises in suit which are owned by the respondent. These premises were let out to the appellant by the respondent under a rent note executed on the 8th December, 1953. The appellant was permitted to use the said premises for his Oil Mill. The terms of the lease provided that the appellant was to pay to the respondent the agreed rent every month and in case of default for three months the respondent was entitled to evict the appellant before the expiry of the stipulated period which was five years, and in that case he was entitled also to claim the rent for the remaining period.

2. On the 2nd of May, 1959, the respondent sued the appellant for ejectment in the Court of Munsif, East Jaipur City. He alleged that he had received the rent from the appellant up to the 31st October, 1957 and that thereafter the appellant had defaulted in the payment of rent in spite of repea