SANT LAL Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS is a second appeal by the defendant-tenant (appellant) against the judgment and decree dated April 5, 1973, passed by the Additional District Judge, Sriganganagar, by which he confirmed the decree for arrears of rent and ejectment dated October 27, 1972 of the Civil Judge, Sri-Ganganagar.

(2.) A few facts deserve recall here: The Plaintiff respondent (Landlord) instituted a suit for arrears of rent and ejectment against the defendant-appellant. The case of the plaintiff-respondent was that the defendant-appellant is a tenant on monthly rent of Rs. 60/- p. m. in shop No. 52/4. Gole Bazar, Sriganganagar. The month of tenancy, according to the plaintiff, is 1st of every English calender month. The rent from April 1, 1969 to August 31, 1969 amounting to Rs. 300/- was due from the defendant. The ejectment was sought on the ground that the shop was let out for business purposes, but the defendant has kept it closed for the last six years preceding the date of the institution of the suit whereby contravening the terms of the tenancy. An additional ground for ejectment under Section 13 (1) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') was also averred in para 4 of the plaint, with which I am not concerned in this appeal. The plaintiff served a notice dated August 2. 1969 upon the defendant under Sec. 196 of the Transfer of Property Act, terminating the tenancy on the expiry of August 31, 1969. As the defendant failed to vacate the shop, the plaintiff instituted a suit on September 5, 1969 for Rs, 300/- as arrears of rent and ejectment against the defendant in the court of Munsif, Sriganganagar. He also claimed pendente lite and future interest.

(3.) I have heard Mr. H. C. Jain, learned counsel for the appellant and Mr. Rajendra Mehta for the respondent.