PATEL SHANKARBHAI LALLUBHAI Vs. SOMABHAI MATHURBHAI PATEL

JUDGEMENT

(1.) The petitioner is the original defendant, against whom suit for eviction was filed by one Somabhai Mathurbhai, being Regular Civil Suit No.163 of 1982, in the Court of Civil Judge (J.D.), at Balasinor. During the pendency of the proceedings, original landlord has expired and, therefore, his heirs were also brought on record and they continued the said proceedings. The aforesaid suit was filed on the ground that the plaintiff has given on rent the suit premies, i.e. an open piece of land, situated near Survey No.1037, to the defendant No.1 at the rate of Rs.10.00 per month. In addition to the above-said rent, the tenant was to pay water tax, N.A. tax, etc. It is the say of the plaintiff in the suit that the defendant is in arrears of rent from 1.9.1982 and accordingly, he was in arrears of rent for more than six months on the date of filing of the suit. It is also the case of the plaintiff that defendant No.1 has sub-let the suit premises to defendants 2 to 4. The decree for eviction, therefore, was sought for on the aforesaid grounds of arrears of rent and sub-letting.

(2.) The defendants appeared in the suit and denied both the grounds.

(3.) The trial court thereafter framed necessary issues and came to the conclusion that the defendant-tenant was not in arrears of rent. It was also found that the plaintiff has failed to prove that the defendant No.1 has sub-let the suit premises to defendants 2 to 4. The trial court accordingly dismissed the aforesaid suit for possession.