Tarkeshwar Nath, J.

1. This appeal by defendant No. 1 arises out of a suit for eviction of defendants 1 to 3 from a portion of the premises described in Schedule B of the plaint and also for arrears of rent of Rs. 252 for the period commencing from January 1958 to December, 1960 at the rate of Rs. 7 per month and Rs. 12 as interest.

2. The case of the plaintiffs was that they along with their cosharers (pro forma defendants 4 to 8) were the owners of the premises described in Schedule A of the plaint, but by mutual partition of the said premises consisting of two rooms with two varandahs described in Schedule B along with other parts and properties fell to the exclusive share of the plaintiffs. Defendants 1 to 3 were the tenants of the plaintiffs in respect of the premises described in Schedule B on a monthly rent of Rs. 7. Defendants 1 to 3 neither paid nor remitted the rent since the month of October, 1955 in spite of repeated demands, but as the rent due for the previous period was barred by limitation, the plaintiffs claimed rent for the period commencing from January, 1958 only and the account thereof was mentioned in Schedule C of the plaint. The condition of the buil