Dave, J.—This is a second appeal by the defendant in a suit for the arrears of rent and ejectment. Both the parties are residents of Didwana and the property relating to the suit, which is a Nohra is also situated in the same town.

2. The plaintiff respondent Shri Bhagwans case in the trial court was that the said nohra was leased out by his father Ram Narayan to the appellant Banarsilal on First Ashadh Vadi 1 Svt. 2007 (corresponding to 1st June 1950) for one year on a rent of Rs. 60/- The appellant executed a rent-note in favour of Ram Narayan Ram Bilas which was a firm name of respondents father. Thereafter the said property came to the exclusive share of the respondent on account of a partition in their family. The respondents father gave a notice to the appellant on 9th May 1951 informing him that the nohra had gone to the share to the respondent. It was further averred by the respondent that since he needed that property for his own personal use, he gave a notice to the appellant on 28th May, 1951 that he should give vacant possession of the property on First Ashadh Vadi 1, Svt.2008 that on his failure to vacate the property the respondent would take legal action against him a

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