MALIK, CJ. :- The facts of this case are given in the judgment of the lower appellate Court but it may be convenient to state them briefly here. Lala Saheb Dayal was the owner of the house in suit. He got indebted and there was a decree against him in favour of one Devendra Nath for about Rs. 1,200/-. On 15-8-1932, Sahib Dayal executed a sale-deed of the house in favour of Sri Krishna Das for Rs. 1,260/-. Sahib Dayal was related to Sri Krishna Das and was also working as his servant. This document was presented for registration and was registered on 17-8-1932. On the date of the registration of the document Sahib Dayal executed a sarkhat in favour of Sri Krishna Das to the effect that he would continue to remain in possession of the house for one year and pay him rent at the rate of Rs. 13/- per mensem.

Sri Krishna Das, after he purchased the property, paid off Davendra Nath and satisfied the decree. Sahib Dayal and his two sons, who are the defendants-respondents, continued to live in this house but no rent was ever paid to Sri Krishna Das in Sahib Dayals lifetime or demanded by him. In 1944 Sahib Dayal died. After his death on 14-8-1944, Sri Krishna Das gave a notice, Ext