- (1.)THE plaintiff and the defendant have filed appeals against the appellate judgment and decree or the Civil Judge of Jalore dated October 7, 1965. The plaintiffs appeal is No. 41 of 1966, while appeal No, 512 of 1965 has been filed by the defendant I shall dispose them of by this judgment.
(2.)MR. L. Rule Mehta, learned counsel for the defendant, has not pressed the defendant's appeal. Only the plaintiffs appeal therefore remains for consideration. In that appeal also, the controversy in this Court has been confined to the question whether the tenancy of the defendant was terminated by a valid notice. This was the subject-matter of issue No. 8 and it will be enough to state those facts which have a bearing on it.
(3.)THE plaintiff is the owner of the suit house which is situated in Jalore. He stated in the plaint that he let it out to the defendant on Kartik Bad 10, Section 2006 (October 17, 1949) on an annual rent of Rs. 210 calculated at the rate of Rs. 17/8/-per month, for a period of 10 years. He also stated that the defendant executed a rent-note (Ex. 1) in his favour the same day and got it registered. The plaintiff received the rent up to January 18, 1955 and the payments were endorsed at the back of the rent-note. He felt aggrieved because the defendant did not pay the rent after January 18, 1955, in spite of reminders. After the expiry of the period of the tenancy, the planitiff gave a notice to the defendant to redeliver the possession of the house to him, but without success. The claim for arrears of rent became barred by time for some period and the plaintiff instituted the present suit on March 26, 1962 for the recovery of Rs. 630 as arrears of rent and damages. He also prayed for the eviction of the defendant on the ground that he had committed more than three defaults in the payment of the rent.
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