MULA RAM Vs. MOHINI DEVI

JUDGEMENT

(1.) THE present second appeal has been filed by the appellant-defendant-tenant aggrieved by the judgment and decree of the first appellate court of Additional District & Sessions Judge, Deedwana, District: Nagaur dated 06.07.2011 in Civil Appeal No.12/2007-Mula Ram Vs. Smt. Mohini Devi, whereby the learned lower appellate court dismissed the appeal filed by the appellant-defendant and upheld the judgment and eviction decree dated 07.09.2007 passed by the learned trial court of Civil Judge (Jr. Division), Deedwana, District Nagaur in Civil Original Suit No.65/1997- Mohini Devi Vs. Mula Ram. whereby the eviction decree was passed against the appellant-defendant on the ground of personal and bonafide need of the landlady-plaintiff for her son, namely, Ramavatar.

(2.) BRIEFLY stated, the facts of the case are that the respondent-plaintiff, Smt. Chousar Bai, filed eviction suit on 10.09.1997 seeking eviction of the appellant-defendant, Mula Ram from the suit shop situated at "Jyotishyon-ka-Mahalla, Deedwana, which was given on monthly rent of Rs.200/- to the defendant-tenant, Mula Ram by the father-in-law of the plaintiff- landlady, Mr. Pannalal, under a written rent-note on 01.06.1985. The rent was thereafter increased at Rs.220/- per month. The suit shop in question came in the share of the plaintiff in partition of the suit property after the death of her father-in-law. The respondent-defendant-tenant thereafter started paying rent to the plaintiff, Smt. Mohini Devi. The defendant-tenant paid rent up to November,1991, however, thereafter failed to make payment of rent despite several demands made by the plaintiff. The plaintiff-appellant therefore, sought eviction of the defendant-tenant from the suit suit, inter- alia, on the ground of default in making payment of monthly rent and bonafide need of the landlady, Smt. Mohini Devi for starting business by her son, Ramavatar. The said suit came to be decreed by the learned trial court of Civil Judge (Jr. Division), Deedwana vide judgment and decree dated 07.09.2007.

(3.) IN the case of G.C. Kapoor Vs. Nand Kumar Bhasin (supra), it has been held by the Hon'ble Supreme Court as under: -