BHANDARI, J.—This is a civil second appeal in a suit for ejectment and arrears of rent.

2. The case set out by the plaintiffs is that the defendants had executed the rent note (Ex.1) in their favour on the 15th of October, 1946 after taking on lease the house property situate at Jodhpur and mentioned in detail in para No.I of the plaint. The defendants failed to pay rent for a long time and therefore two notices were served on them for ejectment and arrears of rent and ultimately the suit was brought on the 30th of October, 1950 in the Court of the Munsiff, City, Jodhpur for ejectment and arrears of rent. Two of the defendants, namely Nenuram and Shyamlal contested the suit, while the case proceeded ex parte against Mst. Soni who died during the pendency of this appeal and her name has been struck off. The main defence raised by the contesting defendants is that on the 15th of October, 1946 the defendants bad mortgaged the suit property with the plaintiffs for Rs. 5,500/- with interest at 6 per cent per annum and further executed the document (Ex.1) in favour of the plaintiffs to the effect that they will continue to pay Rs. 27.8.0 per month. That document is not a rent note but was

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