SHANKER SINGH Vs. RAM PRAKASH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for defendants respondents No.2 to 5.

(2.) These are plaintiff's second appeals arising out of O.S. No.25 of 1974, which was decreed on 10.11.980 by VI Additional Munsif, Mathura. Against the said decree two appeals were filed. One was by defendants No.2 to 5, which was numbered as Civil Appeal No.245 of 1980 and the other appeal was filed by defendant No.1 Ram Prakash which was numbered as Civil Appeal No.256 of 1980. The appeals were decided by III A.D.J., Mathura on 23.02.1982. Judgment and decree passed by the trial court for eviction was set aside. However suit was decreed against defendant No.1, Ram Prakash for recovery of Rs.67.40 as arrears of rent. Against the said decrees these appeals have been filed.

(3.) The suit was filed for possession of land and for recovery of rent. It was alleged in the plaint that defendant No.1, Ram Prakash was the tenant on behalf of the plaintiff of the land in dispute whose tenancy had been terminated and he was defaulter also since 06.12.1972. Rate of rent was alleged to be Rs.18/- per month. It was also alleged that defendant No.1 had sublet part of the property in dispute to defendants No.7 and 8 without the permission of the landlord. It was also alleged in the plaint that defendant No.1 intended to sell his constructions standing on the part of the land in dispute to defendants No.2 to 6. Notice was given on 13.06.1973.