TOLA RAM Vs. PREM SUKH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS first appeal has been filed by the appellant- defendant-lessee being aggrieved by the judgment and decree dated 19.08.2011 passed by learned court Additional District Judge, Deedwana in Civil Original Suit No.41/2007- Premsukh Vs. Tola Ram, in respect of shop in question given on lease situated at Ladnu, near Rahu-Kua at monthly rent of Rs.500/- per month.

(3.) ON the other hand, Mr. Vishal Sharma, learned counsel for the respondent-plaintiff placing reliance on a decision of this Court in the case of Purshottam Dalal Vs. Smt. Shanti Devi (SBCFA No.346/2010, decided on 08.08.2011) and decision of Calcutta High Cuort in the case of Gopinath Mukherjee Vs. Uttam Bharati reported in AIR 2009 Calcutta 58 submitted that the application filed by the defendant-lessee is not even bonafide, which has not only been filed at the initial stage of the suit itself which is mandatory for Section 114 of the Transfer of Property Act. Even after the pendency of the present appeal before this Court for considerable time has been elapsed ever since filing the same on 01.09.2011, the present application (IA No.20655/11) has been filed on 28.11.2011. The defendant has not paid any rent, interest thereon and cost of litigation and has not tendered any such payment. He, therefore, submitted that no such relief of forfeiture under Section 114 of the Transfer of Property Act can be made in his favour.