Bapna, J.—This is a second appeal by the contesting defendant in a suit for ejectment and recovery of arrears of rent.

2. Respondents Nos. 1 and 3 in the court of Munsif, Jaipur City West, on 3rd February, 1947, on the allegations that the defendants were their tenants under a rent-note dated 21st August, 1944, on a monthly rent of Rs, 13/-. It was alleged that under the terms of the said agreement the defendants had agreed to vacate the premises within one month of their being called upon to do so. The plaintiffs case was that the defendants had failed to pay the rent for a year and three months and to vacate inspite of a notice having been served upon them. It was mentioned that a proper certificate from the Rent Controller for institution of the suit had been obtained on 7th September, 1946. The plaintiffs claimed Rs. 195/- as arrears of rent and annas -/4/-as cost of notice, and prayed for ejectment.

3. The defendant pleaded that the notice for termination of the tenancy was invalid. It was urged thai he had been ready and willing to pay the rent, and was,, therefore, not liable to ejectment, more so, as the certificate by the Rent Controller for institution of the suit was also

Click Here to Read the rest of this document