V.R. Nevaskar, J.

This petition for revision arises out of Plaintiff's suit for recovery of arrears of rent. The Defendant, who was the original owner of the house in suit had executed a mortgage of this house and had executed a rent-note in favour of Mahant Atmaram agreeing to pay rent to him for continuing to occupy the said house subsequent to the date of the mortgage. The rent-note was for a period of one year and had been executed on 15-10-1952. The Defendant however had paid rent for one year in advance and the rent-note appears to have been extended to enable the Plaintiff, if he so desired, to obtain ejectment from the Defendant. The rent-note contained a specific stipulation that in case the Defendant did not vacate at the end of the year for which the rent had already been paid in advance, the landlord would be entitled to obtain ejectment by having recourse to a suit for the costs of which he would be liable. The mortgage deed mentioned the fact that the mortgagor had obtained Rs.4,000 for securing which the Defendant had executed the usufructuary C.R. No. 371 of 1958 decided on 7-4-1959. (Indore Bench.) J mortgage deed and had executed a rent-note for one year. One