MAHENDRA BHUSHAN, J.—This is a tenants first appeal in a suit for eviction which has been decreed by the trial Court.

2. The dispute relates to two Eastern Flats of Motikunj on plot No. S-32, C-Scheme, Arbind Marg, Jaipur which are more specifically described in para No. 2 of the plaint. One Motilal along with his four sons, Govind Narain, Laxmi Narain, the two plaintiffs (respondents No. 1 & 2) constituted an undivided Hindu family of which the father and the four sons were coparceners The two flats in dispute were let out by Motilal as Karta of the joint Hindu family to M/s Batliboi Company Private Ltd. (hereinafter referred to as the defendant) at Rs. 375/- p.m. on April 1, 1966. The rent was increased to Rs. 425/- p.m. with effect from October 1, 1972. Under an oral partition, alleged to have taken place on February 22, 1973, the two disputed flate were allotted to the share of the above named two plaintiffs. The defendant was informed about the oral partition under a notice dated December 12, 1973 and was asked to pay the rent to the plaintiffs. A civil suit No. 132 of 1974 (7/75) was filed by the plaintiffs against the defendant and others on October 15, 1974 on several ground

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