VARDA RAM Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS second appeal has been filed by the appellant � defendant- tenant Varda Ram being aggrieved by the judgment and decree dtd.26.5.2010 passed by the learned Dist. Judge, Sirohi in Civil Appeal No.7/2008 � Varda Ram V/s Lalit Kumar whereby the learned lower appellate Court dismissed the appeal of the defendant � tenant Varda Ram and affirmed the judgment and decree dtd.2.2.2007 passed by the learned Civil Judge (Jr. Division), Sheoganj in civil Suit No.27/2005 � Otar Mal V/s Varda Ram whereby the learned trial Court decreed the suit of the plaintiff Otar Mal for eviction of tenant in respect of suit premises situated at Gole Building, Main Bazar, Sheoganj on the ground of material alteration, default in payment of rent as well as termination of tenancy under Section 106 of the Transfer of Property Act, 1882.

(2.) BY concurrent decrees of eviction, the learned courts below had decreed the suit for eviction filed by the plaintiff - respondent in respect of suit shop situated at Main Bazar, Sheoganj which was initially let out at monthly rent of Rs.210/-.

(3.) ON the side opposite, the learned counsel for the respondent - landlord Mr.Sandeep Shah supported the impugned judgments and submitted that Lalit Kumar is the duly authorized power of attorney holder of Karta Otarmal and he is member of HUF as observed by the learned first appellate Court in para 14 of the judgment dtd.26.5.2010. He further submitted that the respondent is the tenant of HUF, landlord and therefore, the present plaintiff was clearly covered by the definition of landlord and could file suit for eviction.