MANGAL DAS Vs. AMAR SINGH

JUDGEMENT

(1.) Appellant-defendant-tenant (hereinafter referred as "tenant") has preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 2/9/2005 passed in Civil Regular Appeal No.158/2002 by the Additional District Judge No.3, Ajmer affirming the judgment and decree for rent and eviction dtd. 29/8/2002 passed in Civil Suit No.767/1983 by the Civil Judge (Junior Division), North, Ajmer.

(2.) The facts succinctly stated, which are relevant to decide the issue involved in the present second appeal, are that the rented premise comprising two shops bearing AMC No.11/12 situated at Imperial Road, Ajmer were in tenancy of the tenant-Mangal Das since 1948 @ Rs.150.00 per month. The respondent-plaintifflandlord (hereinafter referred as "landlord") instituted a civil suit for eviction on 26/11/1983 invoking the provisions of Sec. 13 of the Rajasthan Premise (Control of Rent and Eviction) Act, 1950 (hereinafter referred as "the Act of 1950") on the various grounds of default, nuisance, substantial damages and subletting. In relation to the default, the landlord pleaded that the tenant has committed default in payment of rent for the period from 1/1/1983 to 30/9/1983 i.e more than six months. The landlord vide registered notice dtd. 19/8/1983 asked the tenant to pay the due rent and to vacate the rented shop, however, since tenant did not respond the notice, the present suit was filed. The tenant submitted written statement admitting his tenancy in the rented shops since 1948, however, denied all the grounds of eviction. In relation to the default, the tenant took a defence that the rent was tendered through money order which was refused by the landlord and thereafter the due rent has been deposited in the court. It has contended that the landlord had knowledge about deposition of due rent in the court, however, thereafter he initiated the present eviction suit. Thus, it was contended that tenant has not committed any default in payment of rent.

(3.) The trial court, on the basis of rival pleadings of both parties, settled the issues and recorded evidence of both the parties.