JAIN, J.—This is a second appeal by the defendant, Mool Chand, against whom a decree for Rs. 1200/- as arrears of rent and for ejectment from the suit premises was passed by the Civil Judge Jaipur City and upheld in appeal by the District Judge Jaipur City.

2. Mool Chand defendant is the owner of the house F-150 in residency area of the C-scheme, Jaipur. He mortgaged this house with possession by a registered mortgage deed dated 12-9-56 with Prasad Dass Banerjee for a sum of Rs. 15999/-. By a separate document of the same date Mool Chand was accepted as a tenant on a portion of the said house. The defendant thus continued to be in possession of that part of the house. A rent note (Ex. 1) was executed and the mortgagor agreed to part of the house. Mool Chand paid the rent the rent note Ex. 1 the period of tenancy was also agreed that if the rent was not paid for a period of four months, the mortgagor will be liable to be evicted from the suit premises. Prasad Dass died intestate and without leaving an issue on 4-4-57. Mool Chand having not paid the rent after 15-11-66, Narain Dass served him with a notice asking him to quit house by 12-11-57. Mool Chand did not vacate the suit house

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