LRS OF KHAN MOHAMMED Vs. INAYAT ALI

JUDGEMENT

(1.) THE appellants-defendants, who are the legal representatives of orignal defendant, Khan Mohammed, have filed the present second appeal being aggrieved by the judgment and decree dated 05.01.2009 passed by learned Additional District Judge No.3, Udaipur in Civil Appeal No.33/2007- Inayat Ali & Anr. Vs. LR's of Khan Mohammed, whereby the learned lower appellate court below while dismissing the appeal of the appellant-defendant, affirmed the judgment and eviction decree dated 06.08.2007 of learned trial court of Civil Judge (Jr. Division), City North, Udaipur in Civil Original Suit No.428/1997- Inayat Ali & Anr. Vs. Khan Mohammed.

(2.) THE plaintiffs-respondents, filed a suit before the learned trial court for recovery of arrears of rent, bonafide need and ejectment of the suit shop, situated at Ward No.38, Udaipur, alleging therein that the suit shop was purchased by the plaintiffs from one Balwant Singh through a registered sale-deed dated 03.01.1995. THE suit shop was let out by the predecessor in title, viz. Mr. Balwant Singh to the defendant-tenant, Khan Mohammed. THE rent was fixed at Rs.250/- per month, which the defendant-tenant failed to pay to the plaintiffs, therefore, the plaintiffs served a notice through their advocate dated 01.10.1997 terminating the tenancy. THE plaintiffs also claimed that the shop is required for staring their own business.

(3.) ACCORDINGLY, the present second appeal filed by the appellants-defendants against the concurrent judgments and eviction decrees of the courts below is dismissed as not pressed. A copy of the judgment be sent to parties concerned and the courts below forthwith.