H.G. Mishra. J.- 1. This is defendant's appeal against the judgment and decree dated 8-9-72, whereby decree for ejectment granted by the trial Court by its judgment dated 22-7-69, have been confirmed.

2. Facts essential for purposes of this appeal are as under:-

(i) That the plaintiff/respondent Mandir Murti Chandra Prabhu Jinalaya, through Motital son of Hiralal Jain, so called manager instituted a suit for ejectment of defendant/appellant from the suit accommodation and mesne profits. The defendant is a tenant vide rent note Ex P/2 executed on Falgun Vadi 15, Samvat 2015 (dated 9-3-59) at the rate of Rs. 10 per month. This rent note is executed by the defendant/appellant in favour of members of managing committee namely (1) Motilal (2) Lakhmichand (3) Komalchand (4) Sardarmal Thekedar and (5) Mangilal. This rent note was for a term of one year:

The plaintiff further averred that the defendant has paid rent up to Fagun Vadi 14, Samvat 2016. Accordingly, rent is due from Fagun Vadi 15 Samvat 2016. Demand cum-quit notice was served by Motilal son of Hiralal Jain, describing himself as Prabhandak (Manager) of Shri 1008 Chandra Prabhu Jinalaya, Kadhali Bazar, Sironj on Magh Vadi