HARNATH Vs. BHURA

JUDGEMENT

(1.) THE plaintiff-appellant having lost this legal battle before the two courts below in the present suit for injunction, has preferred this second appeal u/s 100 of CPC against the judgment and decree dated 31.05.2008 of learned trial court of Civil Judge (Sr. Division), Gulabpura, Bhilwara) in Civil Original Case No.23/07- Harnath Vs. Bhura & Ors. dismissing the plaintiff's suit for ejection, recovery of rent and permanent injunction, and against the judgment and decree dated 03.01.2011 of the first lower appellate court of Additional District Judge, Gulabpura, Distt: Bhiwara dismissing the plaintiff's first appeal being Civil Appeal No.10/08- Harnath Vs. Bhura & Ors.

(2.) MR. Ramandeep Singh, learned counsel for the appellant-plaintiff submitted that the oral tenancy was created in favour of defendants' father, namely, Sh. Ramdhan Daroga at a monthly rent of Rs.300/- per month for two years from January, 2002. According to the plaintiff, in the suit premises was let out to the respondents-defendants, over which the respondents used to tie their cattle, however, later on they started to reside in the suit premises. The respondents- defendants after paying rent for two years till 05.01.2004, stopped to paying the rent and refused to vacate the suit premises and thus have committed in default of payment of rent. The plaintiff-appellant then asked them to vacate the suit premise and upon not vacating the suit premises, he filed the suit seeking eviction of the defendants from the suit premises.