BERI, C.J.—This is a defendants special appeal directed against the judgment of a learned Single Judge of this Court dated July 25, 1967, whereby he accepted the plain-tiffs case and granted a decree.

2. The brief facts which deserve to be recalled for the disposal of this appeal are that Gulabchand carried on business in the name and style of Gulabchand Malpani at Mumbadevi, Bombay, which locality is reputed as a business centre for jewellery. Gulabchand was a tenant of two rooms owned by Amba Laxmi Narain Gundeli on a monthly rent of Rs. 35/- apart from municipal tax of Rs. 6/5/- for every half year. In Smt. year 2001, Gulabchand says, he sublet these rooms to the defendants firm carrying business in the name of Chhaganlal Kantilal. It was agreed that besides the payment of rent to the landlord Chhaganlal would pay a sum of Rs. 700/- per annum to the plaintiff on account of goodwill. Up to the year 2004 and a part of Smt. year 2055 Chhaganlal kept his promise and paid the amount but thereafter the neglected to do so. The plaintiff, therefore, instituted a suit in the court of the Civil Judge, Jaipur District on May 28, 1953 against Kantilal, proprietor of Firm Chhaganlal Kantilal

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