HARJI LAL ALIKA Vs. SMT. SHARDA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This review petition has been filed by the petitioner-plaintiff-respondent under Order XLVII Rule 1 CPC qua the judgment dated 06.09.2017 passed by a Coordinate Bench of this Court in S.B. Civil Second Appeal No.19/2013, whereby, the appeal filed by respondent - appellant-defendant - Smt. Sharda Devi was allowed and the judgment and decree passed by the trial court as affirmed by the first appellate court was set-aside and the suit for eviction was dismissed.

(3.) Suit for eviction and arrears of rent was filed by the petitioner/plaintiff before the Civil Judge, Senior Division, Mount Abu, inter-alia claiming that the suit property was possessed by him, the same was let out to the respondent/defendant at Rs.200/- per month and that rent was in arrears. It was also claimed that tenancy was terminated by giving notice under Section 106 of the Transfer of Property Act 1882 and, therefore, the plaintiff was entitled for possession.