RAM SINGH Vs. LAL CHAND SADHNANI

JUDGEMENT

(1.) Appellant-Defendant (hereinafter defendant) has assailed the judgment and decree for ejectment with arrears of rent and the mesne profits dtd. 3/6/2016 passed by the court of Civil Judge, Pushkar, Ajmer in civil suit No. 5/2006 instituted by the respondent-plaintiff (hereinafter plaintiff) under Order 7 Rule 1 CPC read with Sec. 109 of Transfer of Property Act. The judgment and decree dtd. 3/6/2016 has been affirmed in the first appeal No. 48/2017 by the first appellate court, Judge Labour Court and Industrial Tribunal, Ajmer, vide judgment dtd. 11/5/2018. Thus, the concurrent findings of fact recorded by two courts below are under challenge in the present second appeal.

(2.) The appellant is defendant and respondent is plaintiff and hereinafter, the parties shall be referred with the same nomenclature as were called before the trial court.

(3.) The suit property is residential portion comprising of two rooms, kitchen situated at house No. 9/20 (New No. 7/13) Gautam Ashram Road, Choti Basti, Pushakar. The plaintiff alleged the defendant to be his tenant in the suit property at the rate of Rs.400.00 per month rent and tenancy was said to be oral, on the contrary, defendant denied his tenancy and alleged himself to be the owner. The trial court as well as, the first appellate court after appreciation of evidence on record, concluded that defendant does have possession over suit property as tenant and not as owner and further the plaintiff has terminated his tenancy vide legal notice dtd. 19/11/2005, as such both courts concurrently have passed decree for eviction against defendant, along with arrears of rent and mesne profits.