BABU LAL Vs. RAJ KUMARI

JUDGEMENT

(1.) This second appeal is directed against the concurrent findings of second default of the two courts below against the present defendant-appellant Babulal. The learned Addl. District Judge No.3, Jodhpur, the first appellate Court by the judgment and decree dated 27.2.2009 confirmed the decreee of eviction passed by the learned trial court in Civil Suit No.43/2004 dated 19.3.2007.

(2.) The grounds taken for eviction as stated by the leaned counsel for the respondent-landlord are; (i) second default and (ii) bonafide necessity and for other grounds, both the learned courts below have concurrently held the grounds in favour of the respondent-plaintiffs and ordered for eviction of the defendant-appellant from the shop in question which was given on rent to him way back on 1.8.1978 at the rate of Rs.52/- per month.

(3.) Learned counsel for the appellant-defendant Mr. M.L.Chhangani urged that there was no second default on the part of the appellant-defendant and after the payment of rent for the period 1.6.2009 to 31.8.1999 to the father of the present respondent Mr. Praveen, he gave rent w.e.f. 1.9.1999 to said Praveen which receipts were produced by him as Exhibit A/12 to A/21 before the court below. The learned courts below held that these receipts were forged and it was not proved by the defendant that the rent was paid to the landlord or son Pravin and, therefore, second default in the payment of rent was made out as a ground for eviction.