LALSINGH SANKHLA Vs. MAHAVEER SWAMI DIGAMBER JAIN

JUDGEMENT

(1.) The appellant (hereinafter referred as "defendant") has filed the present second appeal being aggrieved by the judgment and decree dtd. 12/12/2017 passed by the 2nd Civil Judge, Class-I, Mandsaur and judgment dtd. 31/8/2018 passed by 2nd Addl District Judge, Mandsaur by which decree of eviction has been passed and affirmed.

(2.) The respondent (hereinafter referred as "plaintiff") is a Religious and Charitable Trust registered under the Madhya Pradesh Public Trust Act 1961. The trustees in its meeting dtd. 21/5/2014 authorized Shri Shanti Lal Badjatya to give notice and to file a suit for eviction by engaging the counsel.

(3.) The plaintiff is owner of two rooms in the "Jain Chal" premises situated at Station Road, Mal Godam, Mandsaur. Said two had been leased out to the father of defendant at Rs.150.00 per month. After the death of his father, the defendant is living in the said two rooms and thus, he has become tenant of the plaintiff. The defendant was in default of deposit the rent since 1/4/2014. By a registered notice, the plaintiff demanded the rent from 1/4/2014 to 31/12/2014 total Rs.1,950.00 and thereafter, filed the suit for eviction & recovery of rent.