BHANDARI, J.

( 1 ) THIS is a civil second appeal by Gaya Parshad one of the defendants in suit No. 38 of 1951, filed for the recovery of rent by Basdeo and two others against him and Baijnath respondent in the court of the Civil Judge, Sikar, on the 2-3-1951. The plaintiffs alleged that the defendants had taken one shop situated in the town of Fatehpur on rent from them on a monthly rent of Rs. 50/-, under the rent note dated the 12-6-1948, and that, on the non-payment of the rent by the defendants, the plaintiffs obtained a decree on the 18-12-1948. against them for the recovery of rent due upto 19-10-1948. The plaintiffs further alleged that a sum of Rs. 1415/- had become due as arrears of rent from the defendants from 20-10-1948, upto 28-2-1951, but the defendants did not pay the rent in spite of notice to them. The plaintiffs further added a sum of Rs. 1s5/-as interest at 1% P. M. to this amount and claimed the sum of Rs. 1600/ -. Both the defendants filed separate written statements but the pleas raised by them are substantially the same. The defendants denied the execution of the rent note and further urged that they were the tenants of the shop from 6mt. 2000 and th