RAMKUMAR KANCHHI Vs. KRISHNA GAUSHALA TRUST DAYALBAND, BILASPUR

JUDGEMENT

(1.) HEARD on admission. The instant second appeal is filed against the judgment dated 24.09.2014 passed in Civil Appeal No.18 -A/2012 by the District Judge, Bilaspur, wherein the judgment and decree of ejectment passed by the Court of Fourth Civil Judge Class -I, Bilaspur, in Civil Suit No.6 -A/2006 was affirmed with a further finding of bonafide need.

(2.) THE briefly stated facts of the case was that the plaintiff was.a registered trust which had given on lease certain lands to the appellant on yearly rent. The land comprises of two big chunk of land and one small chunk and yearly rent/was fixed at Rs.6,600/ - as per the agreement dated 27.12.1994. It was also a case that in the suit land the Well was constructed and the motor -pump was also installed by the landlord plaintiff. It was the case of the landlord that from 1999 to 2000 the defendant tenant has not paid the amount of rent and up -till 27.04.2006 Rs.45,100 arrears of rent was due. Since the amount of rent was not paid on 27.06.2005 a lease was terminated w.e.f. 31.12.2005. It was further stated that the tenant tried to damage the property. Therefore on different ground i.e. for bonafide need as also for arrears of rent, the ejectment suit was filed.

(3.) THE learned trial Court after evaluating the evidence came to a finding that the appellant tenant had taken on rent the subject land at yearly rent of Rs.6,6007 - and for which an agreement was executed on 27.12.1994. It was further observed and found that the defendant had stopped payment of rent from the year 1999 and therefore was entitled for the possession of the same. The trial Court also held that the bonafide need of the plaintiff trust was not proved and it negated the prayer for ejectment on that count.