Sharma, J.—This is an appeal by Kajodmal defendant, against whom a suit for ejectment and arrears of rent was filed by Baluram plaintiff respondent in the court of Civil Judge, Sikar.

2. The plaintiffs case was that the defendant appellant had taken a shop belonging to the plaintiff on rent for three years at a monthly rental of Rs. 8/5/-. A rent note was executed by the defendant on the 10th of December, 1944. The plaintiff obtained a certificate under sec. 15 of the Rajasthan Premises (Control of Rent and Eviction) Act of 1950 (hereinafter to be referred to as the Rent and Eviction Control Act) as he required the shop for his personal use. It was also alleged that a notice had been served on the defendant. It was prayed that the defendant be ejected from the shop in dispute and a decree for arrears of rent for three years i.e., from 10th of October, 1948 to 10th of December, 1951, be awarded against the defendant.

3 The defendant admitted that the shop had been taken on rent for three years from the plaintiff and that the monthly rental was Rs. 8/5/-. He however pleaded that no notice had been given to him and further pleaded that the plaintiff had no personal necessity for the sho

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