TULCHHI Vs. SURAJ MAL

JUDGEMENT

(1.) This is an appeal by Mt. Tulchhi against the decree of a learned Single Judge of this Court in second appeal.

(2.) The facts of the case are these. An ejectment suit was instituted by Mt. Tulchhi in the Court of Munsif, Sujangarh, against Suraj Mal and Jugraj. The suit related to three shops situated in Chhapar. These shops were rented to Suraj Mal and Jugraj, defendants-respondents by Mt. Tulchhi for a fixed period of one year on 'Asoj Sud 12, Samvat' 2003. The respondents did not vacate the shops after the period of one year was over, and consequently the pre- sent suit was brought for ejectment and recovery of Rs. 79/- as damages for use and occupation.

(3.) The suit was resisted by the defendants-respondents on the ground that they were protected under Clause 3 of the Bikaner Prevention of Eviction Order, 1942, and could not, therefore, be ejected.