SEWOOMAL Vs. JAI SINGH

JUDGEMENT

(1.) THIS first appeal has been filed by the defendants under Section 96 of C.P.C. being aggrieved by the judgment and decree of eviction dtd.20.11.2003 passed by the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur in Cviil Suit No.156/2003 (61/1998) ­ Jai Singh V/s Sewoo Mal and ors. for possession of the suit property and damages.

(2.) THE plaintiff Jai Singh S/o Deva Ram filed a suit on 8.10.1998 with the case that the suit premises, a residential hosue and a shop situated at Subhash Chowk, Ratanada, Jodhpur was given on rent to Bhoju Mal S/O Adat Mal by caste Sindhi on 6.9.1973 at the monthly rent of Rs.45 per month. A rent-note Ex.A/2 was executed for the same and since the plaintiff used to live at Rupawato Ka Bera, Soorsagar, which is about 9 to 10 kms. away from the suit premises, he used to collect the rent once in 2-3 months and after the death of said tenant Bhojumal on 18.12.1996 issueless, he came to know about his death only 5-6 months thereafter and then he came to know that the defendants Sewoomal and his sons Raja, Ramesh and Uttam had unauthorisedly occupied the said suit premises and they were not directly relatives or descendants of tenant Bhojumal, but only belong to same caste Sindhi and therefore, since they were trespassers in the suit premises, they may be dispossessed and decree of eviction may be passed against them and mesne profit at Rs.1,000/- per month may be allowed to the plaintiff.

(3.) MR.R.R. Nagori, Sr. Advocate assisted by Mr. Alkesh Agarwal taking the Court through entire relevant evidence and impugned judgment dtd.20.11.2003 emphatically submitted on behalf of the defendants as under: