P.C. JAIN, J. — This appeal under Sec. 100 of the Code of Civil Procedure is directed against the judgment and decree dated 13th January, 1964, passed by the learned District Judge, Ajmer in Civil First Appeal No. 294 of 1960, affirming the judgment and decree dated 23rd August, 1960, passed by the learned Addl. Munsiff No. 1, Ajmer City, Ajmer in Civil Suit No. 140 of 1956(183/1958).

2. Briefly stated the facts of the case are that the plaintiffs-appellants filed a suit for rent and eviction of the suit premises against the defendants respondents on the basis of a registered lease deed alleged to have been executed by the defendant in his favour on 2nd April, 1947. The suit was contested only by respondent No. 1 and the suit proceeded exparte against the another respondent. The plaintiff stated in the plaint that he was a landlord of the property No. AMC 11/133 situated at Imambada Mohalla, Khadiran. Ajmer and that defendants Mst. Rafiqa Bibi and Zainul Salheem are his tenants with effect from 29th March, 1947, on a monthly rent of Rs. 10/-. It was also contended by the plaintiff that originally the said property was leased out, to the defendants by the plaintiff along with Sheikh

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