NORATMAL Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a Civil Second Appeal on behalf of the plaintiff in a suit for ejectment and arrears of rent. The following facts may be taken to be proved for the purposes of the decision of this appeal.

(2.) THE premises No. AMC. III/344 situate in Chhoti Chowdhar Gali, Ajmer belonged to Sethani Prabhabati Kanwer and the plaintiff -appellant purchased this property from her on 6th January 1955. One Debilal Sunar was the tenant of Sethani Prabhabati Kanwer of the said premises and before the sale he had sub -let part of the premises held by him as tenant to Mohanlal, defendant at the rate of Rs. 3/8/ - per mensem. After the sale of the premises by Sethani Prabhabati Kanwer, Debilal Sunar served the defendant with a notice dated 23rd July 1956 asking him to pay rent directly to the plaintiff in future and to treat the plaintiff as his landlord for all purposes with effect from the date of the sale -deed. The plaintiff brought the suit for ejectment of the defendant alleging that the defendant had become his tenant by operation of law. He also claimed rent at Rs. 4/7/ - per mensem as according to him he had spent some money on repairing the premises about which the suit was filed.

(3.) BEFORE taking up the points of law involved in the case into consideration, it is proper to refer to the notice (Ex. A/2) produced by the defendant which has been served by Debilal on him. After reciting that the defendant was Debilal's sub -tenant of part of the premises which had been sold by Sethani Prabhabati Kanwer, the relevant part of the notice runs, as follows: - -