Modi, J.—This is a second appeal by the plaintiff Mst. Gulab Kunwar in a suit for arrears of rent and ejectment. My order dated the 7th January, 1955, shall form part of this judgment.

2. The facts out of which this appeal arises have been narrated at length in that order and need not be repeated fully. It is enough to state that the plaintiffs case was that Jethmal, father of the defendant respondent, had taken the suit shop on rent from the plaintiff by a rent-note dated the 22nd February, 1932, the rent settled being Rs. 5/P.m. After Jethmals death, his son, who is the defendant respondent, continued to pay the rent for some time but thereafter failed to pay it with the result that the plaintiff gave him a notice on the 25th June, 1946, asking him to quit within seven days of the receipt of the notice and in default to be liable to pay rent at an enhanced rate of Rs.20/- per mensem. The defendant did not comply with the notice and, therefore, the plaintiff brought the suit, out of which this appeal arises, on the 17th December, 1946. The defendant contested the suit on all possible pleas and I have already disposed of all of them except one by my order dated the 7th January, 1955

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