KAMLESH SHARMA Vs. DESBANDHU SHARMA

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 17.02.2014 passed by Civil Judge (Jr. Division), Abu Road, District Sirohi and judgment and decree dated 14.11.2018 passed by Additional District Judge No. 2, Abu Road, District Sirohi, whereby, the suit filed by the respondents has been decreed and the appeal filed by the appellant has been rejected, respectively.

(2.) Plaintiffs Pratap Singh and Ors. filed a suit for eviction, arrears of rent and mesne profit against the appellant in relation to a shop situated at Abu Road with the averments that the defendant has defaulted in payment of rent, a notice dated 05.04.2005 was issued terminating the tenancy w.e.f. last day of April, 2005, which notice was refused by the defendant. Based on the above averments, the relief as indicated was prayed.

(3.) The appellant-defendant filed written statement denying the averments made in the plaint. It was claimed that the appellant has deposited the rent in advance. The rent from October 2004 to December 2004 has been deposited in the account of plaintiffs. It was also claimed that on 01.11.2004, there has been an agreement to sale between the plaintiffs and the defendant, whereby, the consideration was fixed at Rs. 95,000/- and a sum of Rs. 5,000/- in cash and Rs. 5,000/- was paid through cheque, which amount of cheque was received by the plaintiffs on 20.11.2004. The plaintiffs were not executing the sale-deed. The defendant stopped making payment of rent from 01.01.2005 and was ready and willing to pay Rs. 85,000/-, the defendant is not a defaulter, the notice was not received by him and the notice given is not in accordance with law. It was claimed that after the agreement to sale and receipt of part consideration, the plaintiffs have no right to seek possession and, therefore, the suit be dismissed.