DINESH CHAND Vs. RAJASTHAN STATE COOPERATIVE DEPARTMENT

JUDGEMENT

(1.) The instant civil second appeal under Sec. 100 CPC has been preferred by appellant-defendant assailing the judgment and decree dtd. 10/9/2007 passed in Civil Appeal No. 32/2005 by the District Judge, Baran (Raj.) affirming the judgment and decree dtd. 16/4/2005 passed in Civil Suit No.89/2004 by the Additional Civil Judge (Sr. D.) Baran (Raj.) whereby and whereunder the plaintiff's suit for eviction has been decreed.

(2.) Heard learned counsel for the parties at length and perused the impugned judgments.

(3.) It appears from the record that in respect of the rented premises measuring 30 X 25 feet comprising one room and tin shaded portion situated at Baran, one eviction suit was filed way back on 23/11/1992 alleging inter alia that the rented premises was taken on rent prior to five years ago from the respondentplaintiff-Society. The premises was alleged to be taken on rent by one Prabhu Lal who later on passed away and her mother Ramnathi Bai (defendant No.1) sublet the rented premises to one Dinesh Chand (defendant No.2). It was pleaded that the rented premises is required bonafidely and reasonably for personal use of plaintiff- Society and therefore, the suit was preferred on the ground of bona fide necessity and subletting under the provisions of Sec. 13 of Rajasthan Premises (Control of Rent and Eviction) Act, 1950.