Judgment

S. P. BHARUCHA

( 1 ) THE appellants were the plaintiffs in a suit filed against the first respondent in the court of the Munsif I st, Gaya (being TS No. 278 of 1971. It was alleged in the plaint that the appellants were the sons and daughters of one Jaikishun Lal who died on 1/7/1962, leaving them behind as his sole heirs. The late Jaikishun Lal had purchased the suit property from the defendant under a registered sale deed dated 30/4/1960. After the late Jaikishun Lal became the owner of the property, the first respondent had requested him to let the suit property to him on a monthly rental of Rs. 90. 00. The proposal was accepted and the first respondent was inducted as a tenant on 1/5/1960. On 18/5/1960, the first respondent had executed a "kirayanama" in favour of the late Jaikishun Lal in the aforementioned terms. The first respondent paid some rent to the late Jaikishun Lal and thereafter to the plaintiffs, the last of such payments having been made on 7/8/1962. The first appellant was a minor when Jaikishun Lal died. Upon attaining majority the first appellant had filed a petition for mutation of the Municipal Register in respect of the suit property. The first respon