LRS OF BUDHMAL Vs. RADHAKISHAN

JUDGEMENT

(1.) THE plaintiff � appellant LRs. of Budhmal and Manak Chand have filed the present first appeal under Section 96 C.P.C. on 25.8.1992 being aggrieved by the dismissal of their eviction suit by the learned Dist. Judge Churu vide judgment dtd.6.7.1992 passed in Civil Suit No.12/1982 � Budhmal and Manak Chand, both sons of Suganchand V/s Radha Kishan S/O Pema Ram Bhat and Sanwar Mal S/O Hanuman Mal by caste Soni, who was represented by his LRs. at the time of rejection of the suit.

(2.) THE eviction suit was filed in respect of suit shop situated at Sardarshahar, Dist. Churu on 6.5.1982 and the plaintiffs came with the case that about 13-14 years ago in the year 1968-69, the shop in question was let out to the defendant No.1 Radhakishan at the monthly rent of Rs.30/- and Ex.2 rent-note dtd.28.8.1969 and Ex.3 rent note dtd.22.8.1970 was executed by Radha Kishan in favour of the plaintiffs. With effect from 13.10.1972, the rent was increased to Rs.35/- per month on account of oral agreement between the parties. It was further averred in the plaint that the rent at the aforesaid rate was paid by the defendant No.1 Radha Kishan upto 28.3.1997 and thereafter neither any rent was paid to the plaintiffs nor the same nor the same was deposited in the Court.

(3.) THE learned trial Court below after discussing the evidence on record dismissed the suit of the plaintiff and found that defendant No.2 Sanwar Mal was an independent tenant of the landlord and therefore, no ground of subletting was made out. The issue of material alteration in the suit property was also decided in favour of the defendants - tenants.