SHANTABAI Vs. RAMESH CHANDA

JUDGEMENT

(1.) THE defendants/appellants have filed this appeal against the judgment and decree passed in Civil Appeal No. 15-A/03 affirming the judgment and decree of eviction passed in Civil Suit No. 21-A/98.

(2.) THE appeal was admitted for hearing by this Court vide order dated 3-5-2005 on the following substantial questions of law:

(3.) THE plaintiff which is a Trust filed a suit for eviction against the defendants. The plaintiff pleaded that the father of the defendant Nos. 2,3 and 4 and husband of the defendant No. 1 Tekchand was the original tenant of the plaintiff. After his death the defendants became the tenant on a monthly rent of Rs. 35 per month. The tenancy was oral. the plaintiff wants to reconstruct the Dharmshala which is in dilapidated condition and defendants also sub-let the suit premises. On 30-8-96 a notice to quit was issued to the defendants mentioning the fact that their tenancy had been terminated w. e. f. 30-10-96. It has further been stated in the plaint that the plaintiff accepted the rent upto July, 1997. Thereafter the rent was not accepted and the tenancy was terminated. The defendants in their reply accepted the fact that tenancy was oral and they are the tenants of the plaintiff. They denied the fact that the premises was sublet to other persons. They further submitted that they deposited the rent upto November, 1999. They further pleaded in special pleadings that they are ready to vacate the premises if they be provided an alternative accommodation. The written statement was filed on 17-11-99 and the suit was filed on 11-8-98.