JUDGMENT : This is a defendant's appeal arising out of a suit for ejectment, arrears of rent and damages.

2. The trial court decreed the suit for the reliefs claimed by the plaintiff, and in appeal by the defendants the lower appellate court merely modified the trial court decree in respect of the arrears of rent.

3. Both the courts below have found that the defendants had failed to pay the arrears of rent due for more than three months within one month of service upon them of a notice of demand. The defendants contended that they had paid an amount of Rs. 325/- to the plaintiff on different dates, and led evidence in support of this assertion. It was urged that if this amount was taken into account, it would be found that they were not in default. The evidence in this behalf included a copy of entries made in an account book maintained by the defendant, The original account book, however, was not produced in court and all that was filed was a copy of the entries. The courts below held that the copy was inadmissible in evidence when the original account book had not been produced. Learned counsel for the defendants points out that the copy has been exhibited as Ex. A5 and th