( 1 ) THIS is a defendants appeal arising out of a suit for recovery of arrears of rent.

( 2 ) ON 27-9-1932, the defendant usufructuarily mortgaged a house to the plaintiffs respondents. On the same date the defendant executed a qabuliat whereby he promised to pay a sum of Rs. is per month as rent of the house to the mortgagees for a period of 5 years. No lease, as provided under Section 107, T P. Act, signed both by the lessor and the lessee, was executed. The qabuliat was, however, registered- Five years elapsed on 27-9-1937. The defendant did nob vacate the premises nor entered into a fresh agreement. The plaintiffs-respondents then served a notice upon the defendant-appellant to vacate the house. As the defendant did not vacate the house a suit for the ejectment of the defendant was filed on 29 1-1938. In this suit no claim for arrears of rent was included. Then while the ejectment suit was pending, on 19-4-1941 the suit which has given rise to the present appeal, was filed for recovery of rent for the period 27-8. 35 to 26-12-38.

( 3 ) THE defence to the suit was that it was barred by Order. 2 Rule 2 Civil P C. , and that the suit for rent for the period prior to