JUDGMENT :

U.N. BHACHAWAT, J.

1. This is defendant’s appeal against the judgment and decree dated 10th November 1970 passed by the District Judge, Guna in Civil Appeal No 21A of 1961 confirming the judgment and decree dated 30th July 1976 by the Civil Judge Class-II Guna in Civil Suit No 34A of 1964 whereby he decreed the plaintiff respondent’s suit for ejectment of the defendant from the suit premises and for recovery of a sum of Rs. 1,578 being the amount of arrears of rent/hire charges and mesne profits.

2. The short facts giving rise to the present appeal are these:

The suit premises, which are admittedly owned by the Municipality Guna, were on 21-11-1960 taken on rent by the plaintiff; they were let out by the plaintiff to defendant as also some utensils and other articles of the hotel were given on hire at the time of letting out and the composite amount agreed to be paid by the defendant to the plaintiff was Rs. 90 p.m. in respect of the rent as well as the hire charges of the utensils.

3. The plaintiff by his notice dated 30-1-1963 determined the tenancy of the defendant and made a demand for the arrears of rent/hire charges. The defendant having failed to vacate the suit premis