1953 Supreme(Raj) 21
MODI
Ramchandra – Appellant
Versus
Usmangani – Respondent
Advocates Appeared:
Utsavlal, for Appellants; Sumerchand and Umraochand, for Respondents
Modi, J.—The plaintiffs who are appellants before me filed a suit for ejectment and arrears of rent in respect of a house situated in Mohalla Nadi in the town of Pali. The plaintiffs are Punches of the Kasara community and brought the suit in a representative capacity. Defendants Nos. 1 to 4 are the descendants of one Rehman who is alleged to have taken the suit house on lease under a rent-note dated Kartik Vadi 13, St. 1961 from certain Punches of the Kasara community, viz., Ramvilas, Poonamchand, Nathulal and Khajulal, who according to the plaintiffs are dead. According to the rent-note, the rent settled was Rs, 5/- per year and it was also stipulated therein that the land-lord would not be free to get the house vacated before a period of five years from the date of the tenancy. The plaintiffs case is that Rehman paid various suras of money by way of rent up to St. 1979 but has not paid any rent since that date. Rehman died about the year St. 1997. Defendants denied the tenancy and also denied having paid any rent whatsoever and stated that the rent-note was a false and fictitious document. They, however, set up their own title to the house in question and claimed in the alternat
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