OM PRAKASH Vs. LR'S OF DEV RAJ

JUDGEMENT

(1.) THE appellant-defendant-tenant has filed the present second appeal before this Court under Section 100 of CPC on 21.11.2011 being aggrieved by the concurrent decree of eviction dated 04.08.2007 granted by the learned trial court of Civil Judge (Jr. Division), Desuri in Civil Original Suit No.03/2004- LR's of Dev Raj Vs. Om Prakash, which judgment and decree has also been upheld by the learned first appellate court below of Additional District Judge, Bali, District Pali vide the judgment and decree dated 15.10.2007 while dismissing the appeal filed by the defendant-tenant being Civil APPEAL NO.19/2007- OM PRAKSH VS.LRS OF DEV RAJ.

(2.) THE respondents-plaintiffs-landlord came with a case before the learned trial court that the suit premises in question viz. house situated at Rani Station, Naino-ki-Gali, Main Bazar, was given on rent to the appellant-defendant in the year 1981 on monthly rent of Rs.10/- per month. The defendant-tenant, however, failed to make regular payment of rent, therefore, the plaintiffs sent a notice (Ex.3) dated 15.12.2003 by registered AD post to the appellant-defendant terminating the lease under Section 106 of the Transfer of Property Act. However, the said notice (Ex.3) returned back with the postal remark that the "addressee not found at the given address". The suit was thus filed on 28.01.2004 seeking ejectment and claiming arrears of rent. Both the learned courts below have concurrently granted decree of eviction against the defendant-appellant, against which the present appeal has been filed by the defendant-tenant.

(3.) LEARNED counsel for the respondents-plaintiffs-landlord, Mr. C.S. Kotwani, also pointed out that the defendant-tenant has not paid any rent to the landlord though it was only @ Rs.10/- per month since the long period and is using the said premises for last so many years.