JAIPUR METAL AND ELECTRICAL LTD Vs. AMBEY PRASAD

JUDGEMENT

(1.) THIS is an appeal by the landlord plaintiff, by special leave, against the judgment of a learned single, Judge, allowing the second appeal filed by the tenant defendant against an appellate decree of the Senior Civil Judge, Jaipur City.

(2.) THE facts are briefly these. The plaintiff is the owner of a shop situate in Jaipur City. Ambey Prasad respondent was its tenant. He committed default in payment of rent and, on 6/4/58, the plaintiff brought the present suit for ejectment against him. The suit was decreed by the trial court on 28.2.59. An appeal against the decree was rejected on 12.7.61. On 19.9.61 he filed a second appeal in the High Court. On 20.9.61 a stay order was passed which was vacated on 8.1.62. Three months time was given to the defendant to vacate the shop. The defendant was actually evicted from the shop in the year 1962, sometime after 8.4.62.

(3.) HAVING heard learned counsel for the parties we are of the opinion that the view taken by the learned single Judge is correct. We proceed to give our reasons briefly along with the contentions put forward on behalf of the appellant.