D.H. LAL Vs. BHAJAN SINGH

JUDGEMENT

(1.) This is the defendant's appeal in a suit for arrears of rent and ejectment against the judgment and decree dated 16-10-1979 of the Additional District Judge No. 1, Jodhpur, upholding the decree for eviction passed by the Munsif, Jodhpur City dated 5-10-1977.

(2.) The controversy in this appeal is very limited, so it is not necessary to refer to the pleadings of the parties in detail. The plaintiff case is that the defendant did not make payment of rent with effect from 1-2-1969 to 31-9-1969, Consequently he filed suit for ejectment No. 534 of 1969, which was dismissed on payment of rent. On 12-2-1970, the defendant further committed default in payment of rent with effect from 1-12-1972 to 31-5-1973 for more than six months. Thus, he committed second default.

(3.) The defendant resisted the suit on the ground that he was neither a defaulter in the earlier suit nor he is defaulter in the second suit, so the plaintiff's suit on the ground of default deserves to be dismissed.