CHETAN KUMAR Vs. AKHILESH CHANDRA CHHABRA

JUDGEMENT

(1.) This appeal is directed against judgment & decree dated 14.07.2020 passed by the Additional District Judge No.2, Chittorgarh, whereby the suit filed by the plaintiff, for eviction and arrears of rent has been decreed.

(2.) The suit was filed on 10.07.2012 by the plaintiff, inter alia, with the averments that the suit shop situated at Jhalar Bawari, NTC Market, Tehsil Rawatbhata, District Chittorgarh was let out to the defendant No.1 on 26.09.1991 for rent @ Rs.725/- per month for a period of 5 years on the terms agreed between the parties. The agreement was signed by plaintiff, defendant No.1 and defendant No.3 give surety that in case defendant No.1 fails to comply with the terms of the agreement, he would get the shop vacated. It was claimed that the shop was required by the plaintiff's son Harsh Chhabra for his business. The defendant No.1 default in payment of rent and despite several reminders, the rent has not been paid and, therefore, in a response dated 29.09.2000, which was given by counsel of the defendants, it was accepted that rent has not been paid since February, 1998 when demand was made, the defendant No.1 behaving as if the said shop was owned by him and, therefore, he has lost his status of a tenant. It was claimed that rent for 170 months amount of Rs.2,34,200/- was due.

(3.) Allegations were made that on 24.04.1997, defendant-Chetan Prakash and his wife claimed themselves to be the owner of the shop in question and produced a forged document with the Rajasthan State Electricity Board, regarding which, on 18.12.2000, the defendant-Chetan Prakash was convicted by the competent criminal court for offence under Sections 467 and 471 IPC.