RATAN LAL Vs. GOPI RAM

JUDGEMENT

(1.) THIS appeal has been filed by the defendant against the judgment of the learned Additional District Judge No. 2, Sri Ganganagar dated September 4, 1990 by which he allowed the plaintiff's appeal and decreed the suit of ejectment on the ground of sub-letting. The facts of the case may be summarised thus.

(2.) THE plaintiff-respondent filed a suit for ejectment against the defendant from the shop No. 60, Kotwali Road, Sri Ganganagar on the ground of default in payment of rent, bonafide and reasonable necessity and sub-letting to one Ram Kumar. The ground of default was not pressed before trial Court as the determined amount of rent was deposited in time and monthly amount was also regularly deposited. The trial Court dismissed the suit deciding both the surviving grounds against the plaintiff. In appeal, the ground of reasonable and bonafide necessity was not pressed. Only the ground of sub-letting was pressed. The appellate Court held that the plaintiff Gopiram had sub-let the suit shop to Ram Kumar and accordingly allowed the appeal and decreed the suit by its judgment under appeal.

(3.) THE learned counsel for the plaintiff-respondent duly supported the judgment under appeal. He contended that the defendant has failed to prove the case set up by him in his written statement, there is great variance in between his pleading and proof, the plaintiff can support the decree of ejectment on ground mentioned in clause (f) of sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter to be called as 'the Act'). In the end he also contended that the appeal may be remanded to the first appellate Court for deciding it afresh.