Modi, J.—This is a civil regular second appeal by the defendant Dahchand in a suit for rent and ejectment. The Civil Judge Doongarpur dismissed the suit but on appeal the learned District Judge Udaipur decreed it for a sum of Rs. 230/-being the arrears of rent from the 2nd February, 1954, to the 1st March, 1956, though impliedly that court also maintained the dismissal of the suit so far as the relief of ejectment was concerned.

2. The material facts leading up to this appeal may shortly be stated as follows. The plaintiff respondent Dadamchand obtained a money decree against Gulabchand, brother of Dahchand, who is the appellant before this Court. In execution of that decree Dadamchand brought the suit house for sale alleging it to be the property of Gulabchand. Dadamchand purchased it at a court-sale, and there is material on the record to show that he was put in possession of it on the 2nd February, 1954, vide the Sales-Ameens report Ex. 2. As things transpired, the appellant Dahchand executed the rent-note Ex. 1 with respect to this house in favour of the plaintiff on the same date agreeing to pay a monthly rent of Rs. 10/-to the latter. It is this rent-note which is the basis of

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