RAGHUVEER PRASAD Vs. MANDIR MARGHATIA MAHAVIR

JUDGEMENT

(1.) This appeal is by the defendant-tenant who has suffered decree for eviction from both the courts. The appeal was admitted on the following substantial question of law:-

(2.) Facts giving rise to filing of the appeal, briefly stated, are that the plaintiff filed the suit for eviction on the ground that suit accommodation which comprises one room admeasuring 10' X 12' was let out to the tenant on a monthly rent of Rs. 20/-. The defendant was in arrears of rent for a period from February, 1981 to June, 1981.

(3.) The defendant-tenant filed written statement in which, inter alia, it was pleaded that defendant is not in arrears of rent and the suit accommodation is not in a dilapidated condition. It was further pleaded that plaintiff wanted to let out the suit accommodation on the enhanced rent and, therefore the suit has been filed.