JUDGMENT :- This is defendant's second appeal. Jwala Prasad Kajriwal, son of Ram Bilas and Bankey Behari Kajriwal, son of Sunder Lal, respondents had filed a suit for ejectment from certain premises against Mahboob Ullah and also for arrears of rent. In the body of the plaint Bankey Behari (plaintiff No. 2) had described himself as 'Karta of the family' and 'adult son of Sunder Lal'. The respondents came to court with the contention that plaintiff No. 1 Jwala Prasad Kajriwal and Bankey Behari Kajriwal (plaintiff No. 2) are the owners of Hata No. 84/145 in dispute and that the defendant-appellant was the tenant of Quarter No. 12 of the aforesaid Hata on a monthly rent of Rs. 3.75 np. that the defendant had failed to pay rent from 1st June, 1962 and was in arrears of Rupees 63.60 np. The plaintiffs claimed to have served upon the defendant a notice dated 5-4-1963 putting an end to the tenancy and demanding payment of arrears.

2. The appellant-defendant denied that the plaintiffs are owners of the disputed accommodation. He denied further that there was any relationship of landlord and tenant between the parties and pleaded that Bankey Behari, plaintiff No. 2, was not the Kart