JUDGMENT

S.S. Dhavan, J. - This is a landlord's second appeal from the decree of the Civil Judge of Moradabad and dismissing their suit for the ejectment of the tenant. The plaintiff appellants Prem Lal and his four sons alleged that they are the owners of its shop in Moradabad which was let out to the defendant respondent Jagat Prakash on a rent of Rs. 13/- per month. They further alleged that the defendant he did not pay the rent for several years and ultimately a sum of Rs. 387.58 became due from him. According to the plaintiffs a notice of demand was served on the defendant but he did not pay the rent, and the plaintiffs filed this suit after terminating his tenancy. The defendant resisted the suit and denied that he had wilfully defaulted. He explained that the rent had not been paid as he was not aware who the owner of the property was and also because he was out of station. He pleaded in the alternative that there was no contract of tenancy between the parties. The trial court held that the defendant had committed default and decreed the suit for ejectment and recovery of rent. On appeal by the defendant the learned Judge confirmed the decree for recovery of rent, but set asi