JUDGMENT :- This second appeal Arises out of the judgment and decree dated 25th Nov, 1964, passed by the Civil Judge. Deoria in Civil Appeal No. 109 of 1964.

2. The facts leading to this appeal can briefly be stated as under :-

Ram Chandra Singh and Ram Lakhan Singh, appellants, filed a suit for recovery of possession over the premises shown by letters A B C D in the site-plan attached to the plaint and for recovery of Rs. 628.20 as arrears of rent and damages for use and occupation. It was alleged that Jai Narain, defendant-respondent No. 1 as Karta of the defendant s family took the house in question on rent about 20 years ago. The plaintiffs-appellants having half share in the house in suit got it partitioned by means of a partition suit No. 2 of 1955 and obtained separate possession over the same. By virtue of the partition decree, the plaintiffs-appellants became entitled to recover half of the rent which they demanded from the defendants-respondents, but the latter did not pay any heed. It was further alleged that the plaintiffs-appellants, therefore, served on them notice under S. 3 of the U. P. Control of Rent and Eviction Act and S. 106 of the T. P. Act to determine their te

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