G.M.LODHA,J. - (1.) THIS is a defendant's second appeal against the judgment of Additional District Judge, Bundi in Civil Appeal No. 22 of 1972 reversing the judgment of Munsif, Bundi in Civil Suit No. 227 of 1961.
(2.) THE plaintiff's case is that he gave on rent his one house described in Para No. 1 of the plaint to deceased Mustafa Hussain on monthly rent of Rs. 4.50, which was later raised to Rs. 5/- per month and this Mustafa Hussain remained in possession of the house till death : Mustafa Hussain expired in 1951 and after his death defendant No. 1, his wife Smt. Shahzadi Begum and defendant No. 2 Mohammad Zaki, his brother came in possession of this house and continued as tenants. A registered notice was given terminating the tenancy and thereafter the suit was filed for arrears of rent and eviction. Both the defendants filed a joint written statement denying the plaintiff's suit allegation and alleged that Mustafa Hussain was never a tenant in the house. The defendants also alleged that Mustafa Hussain was in possession of the house as owner. After the death of Mustafa Hussain the respondents remained in possession of the house jointly, continuously and peacefully for last 30 years. The allegations of improvements were also made.
(3.) THE following issues were framed : The issue regarding title and ownership were deleted and no grievance was made by either side in the appeal preferred before the District Judge and similarly in this Court. ;