SHRI KISHEN Vs. J C CHATTERJEE

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for ejectment and mesne profits.

(2.) THE plaintiff's case is that be rented cut the premises in question situated at Kala Bagh, Ajmer to the deferent on a monthly rent of Rs. 32/8 and that since he required the premises in the question for his own use he served a notice of ejectment, dated 26 -6 -1962 en the defendant calling upon the latter to vacate the premises en or before 31 -7 -1962. The defendant while admitting the tenancy and receipt of notice resisted the plaintiff's suit on the ground that the plaintiff had no reasonable and bonafide need for the premises. It was also pleaded that the defendant used to send the monthly rent Rs. 31 50 paisa after deducting the money order charges even though the standard rent had been fixed at Rs. 32/8.

(3.) AT the outset learned Counsel for the appellant submitted that the tenant -defendant Shri B.N. Chatterjee died during the pendency of this appeal and consequently his legal heirs are not entitled to take the protection afforded to the tenants under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. In support of his contention he has relied upon a Bench Decision of this Court: Damodardas v. Badri Narain and Ors. decided on 7 -4 -1966.