MOHAN LAL Vs. NANA LAL

JUDGEMENT

(1.) THE present second appeal of the defendant-appellant Mohan Lal S/o Lakmi Chand Seth, is directed against the concurrent decree of two courts below directing his eviction from the suit shop in question, situated at Vallabh Nagar, District Udaipur, which initially was let-out to the defendant-tenant on 28.02.1976 at a monthly rent of Rs.50/-.

(2.) THE learned trial court of Civil Judge, Vallabh Nagar, District Udaipur decreed the eviction suit vide the judgment and decree dated 31.03.1994 decreeing the plaintiff's Civil Suit No.189/1986-Nana Lal Vs. Mohan Lal. THE appellant-defendant's first appeal being Civil Appeal No.2/1994- Nana Lal Vs. Mohan Lal came to be dismissed by the learned lower appellate court of Additional District Judge, No.2, Udaipur vide the judgment and decree dated 11.02.1999.

(3.) SO far as second notice Ex.3 dated 06.01.1986 is concerned, the learned counsel for the plaintiff-respondents, Mr. Deelip Kawadia, submitted that a perusal of the second notice Ex.3 abundantly makes it clear that since the defendant, Mohan Lal had encroached on the part of public land, adjacent to the disputed suit shop in question, therefore, the plaintiff, Nanalal notified the defendant by this second notice that in case he does not remove the encroachment from the public land, for which a decree was also granted in another suit being Civil Suit No.91/79 filed by one Khuman Singh S/o Anoop Singh, and which was decreed in favour of plaintiffs treating the said portion of land as a public land, the said encroachment may also be removed by the defendant-tenant otherwise, a mandatory injunction would also be sought in the same suit, if it is required to be filed.