( 1 ) THESE second appeals have been referred to a bench by our learned brother umamaheswaram, J. Second Appeal No. 1226 of 1954 arises out of a suit filed for the recovery of Rs. 4,575 claimed by the landlord as arrears of rent due from 1-7-1950 to 31-11-1952 at the rate of Rs. 175 per mensem. The plaintiff-landlord stated that the defendants Nos. 2 to 4 who formed a partnership carrying on business under the name and style of Sri Krishna Ice Parlour and Bakery took the suit premises on rent. It would appear that the rent fixed originally was Rs. 80 per month and this continued till 30-11-1948 when there was an agreement to pay a higher rent, namely, Rs. 125. The rent was Being paid at this rate from 1-12-1948 to 30-6-1950. On 1-7-1950 there was a further agreement to pay a higher rent, namely, Rs. 175 per month. The plaintiffs case is that the defendant paid the rent till 30-6-1950 and failed to pay subsequently. He, therefore, claimed the arrears of rent on the basis of the increased rent at rs. 175. The defendants 1 and 4 filed a joint written statement and denied that they had agreed to pay the rent at the rate of Rs. 175 per mensem. It was stated that the rent was exorbitant

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