This is a plaintiffs second appeal against a judgment of the learned Senior Subordinate Judge, Jammu, dated 13th Poh. 2007, whereby the judgment and decree of the trial Court (Sub-Registrar Munsiff, Second Class, Jammu) dismissing the plaintiffs suit for ejectment and rent was confirmed.

(2) It appears that the defendant-respondent had by virtue of a rent deed dated 8-9-2001 taken on lease a small house from the plaintiff, and the rent fixed per month was Rs. 4. This house appears to have been the part of some joint property which was owned by three or four persons including the plaintiff On 28th Phagon 2002 these persons who are related to each other as brothers or cousins effected a partition of their joint property and this house which was rented out to the defendant fell to the lot of Kaunsal Singh, Balwant Singh and Wasawa Singh. Thereafter the defendant executed another lease deed in the name of Kaunsal Singh to whose lot along with others the said house had fallen. The plaintiff thereafter kept quiet for a period of more than three years and meanwhile, as alleged by the defendant, the defendant went on paying rent to Kaunsal Singh. After a period

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