BRIJENDRA MATH BHARGAVA Vs. HARSH WARDHAN

JUDGEMENT

(1.) This is an appeal filed by the tenant after obtaining leave from this Court against a decree for eviction granted by the trial Court and ultimately affirmed in second appeal by the High Court of Rajasthan by its judgment dated 26-8-83. It appears that the appellants became tenants in 1947 but in 1958 the predecessors-in-title of the respondents one Shri Bhonri Lal Surender Kumar and Rajinder Kumar purchased the property and thereafter in 1959 they became the tenants of Bhonri Lal and others. It is alleged that originally the rent was Rs. 135/- but later on was raised to Rs. 145/-. The premises in question is a showroom and apparently is a business premises.

(2.) In the year 1974, Bhonri Lai, Surendra Kumar and Rajinder Kumar filed a suit for eviction against the present appellant in respect of this showroom which is situated at M. I. Road, Jaipur, on the ground of bona fide need, material alterations in the premises and default in payment of rent. During the pendency of this suit the present respondent purchased the property from Bhonri Lal and others in 1979. In substance the present respondent Harsh Wardhan Himanshu and Smt.Ritu Kasliwal purchased this property during the pendency of the suit and continued with the suit but the only ground on which eviction was granted and which was pressed before us and also before the High Court was the ground that the tenant present appellant without the premission of the landlord had made material alterations in the premises. The learned Judge of the High Court has maintained the finding of the construction of a balcony (Dochatti) and maintained the order of eviction on the ground that it is material alterations in the premises. The decree has been passed under S. 13(l)(c), Rajasthan Premises (Control of Rent and Eviction) Act, 1950 which reads as under :

(3.) It is contended by learned counsel for the appellant that in the plaint what was alleged by the plaintiff was as stated in Para 5: