SHAKUNTALA DEVI & ORS Vs. KRISHANA CHANDRA

JUDGEMENT

(1.) The instant first appeal filed by defendant tenants is directed against the judgment and decree dated 05.10.2004 passed by learned Additional District Judge (Fast Track) No.2, Bhilwara in Civil Misc. Case No.323/2003 - Shri Krishna Chandra vs. Smt. Shakuntala Devi & ors., by which the court below has decreed the suit filed by respondent-plaintiff for eviction of the suit premises and arrears of rent.

(2.) The plaintiff respondent filed the suit for eviction of the suit premises a shop situated at Bhopalganj, Bhilwara and arrears of rent of Rs.52,500/- before the court below on the ground of material alterations and default in payment of rent.

(3.) The court below after considering the entire evidence available on record, reached to the conclusion that the defendants have made material alterations in the suit premises and the defendants failed to deposit the monthly rent as agreed between the parties and accordingly the court below decreed the suit filed by the plaintiff respondent for eviction of the suit premises on the ground of material alterations in the suit premises as well as on account of default in payment of rent and directed the respondent defendant to pay the mesne profit @ Rs.1,500/- per month till the vacant and peaceful possession is handed over to the plaintiff- respondent.