SYED ABDUL LATIF Vs. KUNDO MAL

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff from the appellate judgment and decree of the Civil Judge, Ajmer dated 20-3-1970 by which the plaintiff's suit for ejectment from the house in dispute and for recovery of damages was dismissed.

(2.) BRIEFLY stated the plaintiff's case as set out in the plaint is that he leased out the house in question, situated near Tripoliya Gate, Ajmer to the defendant No. 1 kundomal by a registered lease deed dated 15-12-1950 on a monthly rent of Rs. 15/-, though the possession of the house was handed over to the plaintiff on 1-41951. The tenancy is said to be a monthly one. It was stated that the defendant no. 1 had not paid rent to the plaintiff for more than six months and had unauthorisedly and wrongfully removed the tin-shed from the house and had also admitted the defendants Nos. 2 and 3 as sub-tenants without the consent of the plaintiff. It was also alleged that the efendant No. 1 had made certain material alterations in the house without the permission of the plaintiff. The plaintiff's case is that he terminated the defendants' tenancy by a notice of ejectment dated 317-1967, but since the defendant had not vacated the house the plaintiff filed the present suit on 21-9-67 in the Court of Mun-siff, Ajmer City (West), Ajmer for ejectment as well as for Rs. 550/- on account of rent, and damages.

(3.) THE defendant No. 1 denied that he was the plaintiff's tenant and pleaded that he had full authority to make any changes in the property and also to let out the same to whomsoever he liked. He also pleaded that he was the owner of the property and was in adverse possession of the same for more than 12 years.