N.M. KASLIWAL, J.—This is a plaintiffs second appeal against the judgment and decree of the learned District Judge, Ajmer dated iO-4-1967 affirming the judgment and decree of learned Civil Judge, Kishangarh dated 13-10-66

2. The plaintiff appellant filed a suit for arrears of rent and eviction against the defendants in respect of a house situated in village Harmora. The plaintiffs case was that the defendants took a house on" rent excepting, a Kothari on a monthly tenancy commencing from Sudi 1st of every month. The rent agreed was Rs. 50/- per year. The plaintiff claimed Rs. 133-30 as arrears of rent and Rs. 13-50 as mesne profits and claimed eviction. The defendants in their joint written statement took the plea inter alia that though, they were tenant of the plaintiff, but on 19-4-59, the plaintiff sold the house for Rs. 2200/-and handed over possession of the same and the relationship of land-lord and tenant came to an end thereafter. They further submitted that the plaintiff obtained a sum of Rs. 1000/- by way of earnest money, but thereafter, did not get the sale-deed registered that the defendants were ready and willing to perform their part of the contract. The defendants, t

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