PERASRAM Vs. THAKUR SHEOBUKSH SINGH

JUDGEMENT

(1.) THIS is an appeal preferred by the defendant in a suit for rent and ejectment.

(2.) THE plaintiff, who is the respondent to the appeal, appears to have rented out a shop situate in Sikar near a Darwaja known as Surajpol, to the defendant for a period of six months. THE rate of rent mentioned was Rs. 7/- p. m. THE defendant even after the expiry of the period did not either vacate the shop or pay the rent due and the plaintiff was, therefore; compelled to institute the suit for eviction of the defendant after serving a notice to quit. In the suit in question, arrear of rent to the tune of Rs. 216/- was claimed from the defendant. THE allegation of the plaintiff was that since the tenancy had expired the defendant was in the position of a trespasser and, therefore, he was liable to be ejected. THE defenant contested the suit. He asserted that he was not a trespasser and that he was entitled to protection under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. He further contested the allegation of the plaintiff that he had not paid any rent. THE trial court decreed the claim for rent but did not grant any relief to the plaintiff for eviction of the defendant. Against the decree there was an appeal to the lower appellate court which has allowed the appeal and decreed the suit in full directing the defendant to be evicted from the property in suit.