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2. The facts have been made complex by the manner in which the suit came to be filed. Two different tenancies for two premises have been clubbed in one suit by the plaintiff. The facts of the plaintiffs case and the petitioner's defence may therefore be briefly stated :

The petitioner is the original defendant and the respondents are respectively the original plaintiff and defendant No. 2. Both the respondents having died during the pendency of this Revision Application their heirs have been brought on record. The deceased respondents were managing the suit premises as trustees of Shri Kamnath Mahadev Public Trust Out of the said two trustees plaintiff Shri Manubhai Chhotalal Bhatt filed H.R.P. Suit No. 3602 of 1973 for recovery of arrears of rent, mesne profits and possession of the suit premises being one room and one shed. The premises in the form of one room bearing Municipal Census No. 86 was let out to the petitioner-tenant for the rent of Rs. 15/- p.m. and the shed in front thereof bearing Municipal Census No. 80/1 was let out to the petitioner for the rent of Rs. 8/- p.m. In all the petitioner was required to pay Rs. 23/- p.m. by way of rent per month. It was alleged that the liability to pay municipal tax and education cess was on the petitioner-tenant. It was the case of the plaintiff that shed was first let out and the room was thereafter let out. The plaintiff gave notice dated 26-3-1965 to which the petitioner gave reply dated 17-4-1965 admitting that the rent was to be paid to the said two trustees in alternate years. The rent fell due from 2-11-1964 and it amounted to Rs. 1229.48 ps. or for the period from 2-11- 1964 to 30-4-1973. The plaintiff being one of the trustees terminated the tenancy under the Suit Notice dated 30-4-1973 and since the petitioner did not accept the said notice the plaintiff-had to file suit joining the petitioner-defendant No. 1 trustees and other trustee as defendant No. 2 in the suit.