LRS OF BABU LAL Vs. HEERA CHAND

JUDGEMENT

(1.) THE appellants-defendants have filed the present second appeal being aggrieved by the judgment and decree dated 12.09.1997 passed by learned Additional District Judge, Phalodi in Civil Appeal No.2/96- Heera Chand & Anr. Vs. LR's of Babu Lal, whereby the learned lower appellate court below while allowing the plaintiff's appeal set aside the judgment and decree dated 26.03.1996 of learned trial court of Civil Judge (Sr. Division), Phalodi in Civil Original Suit No.232/92- Heera Chand & Anr. Vs. Babu Lal, by which the learned trial court partly decreed the suit filed by the plaintiffs.

(2.) THE plaintiffs-respondents, filed a suit before the learned trial court for recovery of arrears of rent and ejectment of the suit premises, situated in Sardarpura Mohalla, Phalodi, alleging therein that the suit premises initially was let out to the original defendant, Bau Lal on 27.09.1967 at a monthly rent of Rs.7/- per month, which rent was later on increased to Rs.22/-. The plaintiffs also averred that after 30.09.1980, the defendant stopped to make payment of monthly rent despite repeated requests being made by the plaintiffs. It was further averred that the defendant has his own house in the Phalodi town, therefore, on account of availability of alternative accommodation, the plaintiffs claimed ejectment of the defendant from the suit premises.