GHISI LAL Vs. PHOOLCHAND

JUDGEMENT

(1.) THE suit out of which this second appeal arises was instituted by the plaintiff respondent Phoolchand on 15th May, 1968 in the court of the Additional Munsiff No. 1, Jaipur (East) for ejectment and arrears of rent in respect of shop situated in the city of Jaipur. The plaintiff's case was that in a partition suit between himself and other co -sharers in respect of the joint family property belonging to them the shop in dispute fell to his share and symbiotic possession of the same was delivered to him by the receiver appointed in the partition suit on 27th May, 1962 (vide certified copy of the report of the Commissioner Ex. 2) Another copy of these proceeding has been filed by the defendant also and that is marked as Ex. A.3. The plaintiff's case is that the shop was originally rented out to one Bhoren Sahai on Choth Sudi 1, Samvat 2003 equivalent to 3rd April, 1946 at monthly rent of Rs. 72/ - and Bhoren Sahai had sub -let the same without permission of the landlord and consequently the sub -lessee Ghisilal defendant was liable to be ejected because the original tenant Bhoren Sahai had handed over possession of the shop to the said Ghisilal. It was further alleged that the plaintiff required the shop in question for carrying on his own business in jewellery.

(2.) THE suit was resisted by the defendant Ghisilal who while denying the alleged personal necessity of the landlord further pleaded that he had been admitted into the shop in question with the permission of the receiver and within his knowledge and that the receiver had been also accepting rent from him. In other words, his plea was that he had come to occupy the shop in question with the consent of the receiver who was competent to grant the same and therefore he was not liable to be ejected. A plea regarding the validity of the notice of ejectment served upon him was also taken.

(3.) AGGRIEVED by the judgment and decree of the trial court the plaintiff filed appeal which was allowed by the Additional District Judge No. 1, Jaipur city vide his judgment dated 7th July, 1970. Consequently, the defendant has come in second appeal to this court.