NAND KISHORE Vs. NIWAS

JUDGEMENT

(1.) This civil second appeal under Section 100 of the Code of Civil Procedure has been preferred against the judgment and decree dated 23.2.1995 passed by the District Judge, Jhunjhunu in Regular Civil Appeal No.30/1990 whereby the learned appellate Court by dismissing the first appeal preferred by the plaintiff-appellants has upheld and affirmed the judgment and decree dated 29.11.1990 passed by the trial Court i.e. Civil Judge, Jhunjhunu in Civil Suit No.1/1990 whereby the suit filed by the plaintiff-appellants for eviction was dismissed.

(2.) Brief relevant facts for the disposal of this appeal are that the plaintiffs-landlord Shri Ladu Ram and Shri Nand Kishore filed a suit for eviction and recovery of rent against the defendant-tenant Shri Shri-Niwas on 30.5.1981 on the ground of default in payment of rent and subletting with the averments that the suit-shop situated adjacent to the temple of Shri Laxminathji at Nawalgarh was taken on rent by the defendant at the rate of Rs.17/- per month and in this regard a rent-note was also executed by him on Mitti Asoj Badi Ekam, Samvat 2033. The defendant filed written statement on 6.11.1981 and apart from denying the grounds of eviction taken by the plaintiffs in the plaint, it was also averred by him that the plaintiffs have no concern with the suit-shop and it vests in Mandir Shri Laxminathji and he has executed a rent-note in favour of deity of Shri Laxminathji. It was further averred by the defendant that the plaintiffs have no right to bring the present suit and deity also should have made a party to the suit.

(3.) On the basis of pleadings of the parties, the learned trial Court framed following issues:-