CHHOGARAM Vs. JAIN SAMAJ GAUSHALA SAMITI

JUDGEMENT

(1.) Heard learned counsel for the appellant-defendanttenant.

(2.) The appellant-defendant-tenant has filed the present second appeal under Section 100 of CPC aggrieved by concurrent judgment and decree of the courts below. The learned trial court of Civil Judge (Jr. Division), Jalore vide its judgment and decree dated 06.11.2009 passed Civil Original Suit No.13/2000- Jain Samaj Gaushala Samiti Vs. Chhoga Ram decreed the respondent-plaintiff's suit for eviction and the learned lower appellate court below has also affirmed the judgment of the trial court vide its judgment and decree dated 28.07.2012 and dismissed the Civil Appeal No.31/2009- Chhoga Ram Vs. Shri Jain Samaj Gaushala Samiti.

(3.) The respondent-plaintiff filed a suit for eviction and recovery of due mesne profit and compensation for the use and occupation of the disputed shop Nos.6 and 7, situated at opposite Hospital, Ahore, which was given on rent to appellantdefendant-tenant. The respondent-plaintiff through counsel sent a registered notice dated 21.05.2009 to the appellantdefendant terminating the tenancy u/s 106 of the Transfer of Property Act, and asked the petitioner to hand over the vacant possession of the suit shops 02.07.1999. Thereafter the respondentplaintiff filed eviction suit on the ground of default in payment of monthly rent and so also bonafide need of the suit shops in question for the landlord.