Dave, J.—This is a second appeal by the defendant against the judgment and decree of the learned Senior Civil Judge, Jodhpur dated the 21st December, 1957, reversing the decree of the Munsif, Jodhpur dated the 31st May, 1947.

2. The facts giving rise to this appeal are that in the City of Jodhpur there is a house near Gulabsagar whose boundaries are given in the plaint. This house once belonged to Mangilal and Ballabhdas. They rented it out to the defendant-appellant on a rent of Rs.3/- p.m. This rent was,later on,raised to Rs.3/8. The exact dates on which the house was leased out by Mangilal Ballabhdas or the date on which the rent was increased have not been clarified by either party. Mangilal and Ballabhdas brought a suit against the appellant for ejectment, but it was dismissed.

3. The plaintiffs case is that Mangilal and Ballabhdas sold their house to him on 4.7.50. He therefore, brought a suit against the appellant for his eviction treating him as a trespasser, because the defendant did not attorn to him and he also questioned the validity of the house sale in the plaintiffs favour. In that suit, the defendants contention was that he was a tenant from Mangilal and Ballabhdas an

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