Wanchoo, C.J.—This is a revision by the plaintiffs whose suit dismissed by the Judge, Small Cause Court, Jodhpur.

2. The plaintiffs suit was briefly this:

Laxminarain defendant had mortgaged his house usufructuary for Rs 700/- to the plaintiffs on the 27th of June, 1953. On the same day, the plaintiffs mortgagees in their turn gave a lease of the house to the defendant mortgagor at Rs. 3/8/- per month, and put the lessee in possession. As the rent was not paid, the plaintiffs filed a suit for arrears of rent and ejectment in the court of Joint Kotwal No. 2, Jodhpur. That suit was fought up to the High Court of the former State of Marwar, and the High Court gave a decree for arrears of rent, but decided that the lessee could not be ejected and the prayer for ejectment was not allowed. The present suit was filed by the plaintiffs in February, 1953, claiming arrears of rent amounting to Rs. 126/- for 3 years preceding the date of suit. The suit resisted by the defendant, who among other pleas raised the objection that the suit was barred under O. II, r. 2, C. P. G. A. preliminary issue appears to have been framed by the Judge, Small Cause Court on this point, and he held that the suit w

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