RADHEYLAL Vs. RATANSINGH

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree dated 10th November 1970 passed by the District Judge, Guna in Civil Appeal No. 21 -A of 1961 confirming the judgment and decree dated 30th July 1976 by the Civil Judge Class II Guna in Civil Suit No. 34 -A of 1964 where by he decreed the plaintiff respondent's suit for ejectment of the defendant from the suit premises and for recovery of a sum of Rs. 1,578/ - being the amount of arrears of rent/hire charges and mesne profits.

(2.) THE short facts giving rise to the present appeal are these: The suit premises, which are admittedly owned by the Municipality Guna, were on 21 -11 -60 taken on rent by the plaintiff, they were let out by the plaintiff to defendant as also some utensils and other articles of the hotel were given on hire at the time of letting out and the composite amount agreed to be paid by the derendant to the plaintiff was Rs. 90/ - p.m. in respect of the rent as well as the hire charges of the utensils.

(3.) THE defendant also pleaded payment of arrears of rent/hire charges and thus controverted the right of the plaintiff to eject him and claim the suit amount from him. He also contended that the suit of the plaintiff suffered from the defect of non -joinder of necessary party as according to him the Municipality Guna was a necessary party.