SHARDA DEVI Vs. BHAGWATI PRASAD DALMION

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed against judgment and decree dtd. 23/2/2005 passed by Additional District Judge (Fast Track) No.3, Jhunjhunu in Suit No.(68/97, 30/99) 197/2003, whereby and whereunder the suit for eviction and recovery of rent has been decreed against the defendant- appellants.

(2.) The facts of the case as culled out from the record are that respondent-plaintiff (hereinafter 'plaintiff') owned a Nohra east facing in Ward No.20, near Dalmiyon ka Kua, Chirawa, wherein two rooms, kitchen, varandah, latrine bathroom were constructed. The construction was shown in green colour and red lines in the map annexed with the plaint.

(3.) Plaintiff instituted present civil suit for recovery of rent and eviction on 25/11/1997 invoking provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1960 (hereinafter 'the Rent Act') on ground of default and his bonafide necessity. For default it was stated that the defendant has not paid rent for last fifteen years and five months, thus has committed default, however since as per law the plaintiff can claim arrears of rent only for three years, therefore the plaintiff prayed for due arrears of rent only for three years preceding to filing the suit. In relating the ground of bonafide necessity the plaintiff pleaded that he is permanent resident of town Chirawa and for the purpose of business he resides at Kolkata. However, he used to visit Chirawa on times and again. Earlier when one room in the nohra in question was in possession of plaintiff, he used to stay therein, but since the defendant has encroached upon on that room, therefore, now plaintiff has no other place of his own for his stay and residence at Chirawa. It was averred that plaintiff's health has turned unwell and he required the suit premises for his own residence to recuperate his health. The plaintiff also pleaded his hardship due to having no other premises of his own in Chirawa. Plaintiff stated to serve one legal notice dtd. 6/6/199 upon the defendant asking for due rent and to vacate the suit premises, but same was not responded, hence, present suit has been filed.