N.K. Jain, J.—Heard learned counsel for both the parties.

2. This second appeal on behalf of the defendant-tenant, under Sect. 100 of the Code of Civil Procedure, arises out of a suit for eviction and arrears of rent filed by the plaintiff-respondent against the defendant-appellant, which has been decreed by both the Courts below on the ground of denial of title as well as tenancy of plaintiff by the defendant.

3. Briefly stated the relevant facts of the case are as under –

4. The plaintiff filed a suit for eviction, in respect of rented premise, in the trial Court, on 29.1.1980 wherein it was pleaded that the defendant took the suit premise, the description of which is mentioned in Para 1 of the plaint, from one Saubhagmal adopted son of Nathulal, on monthly rent of Rs.8/- and executed a rent-note dt. 12.07.1978 (Exhibit-1) in favour of Saubhagmal. Shri Saubhagmal gifted the said property to the plaintiff through registered gift-deed dt. 26.11.1979 (Exhibit-2). The defendant has not paid the monthly rent of the rented premise since January, 1979, therefore, the defendant is a defaulter and thus liable to be evicted therefrom. Shri Saubhagmal also gave a right to the plaintiff to r

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