MURLIMANOHAR TEXTILES Vs. MANGAL CHAND

JUDGEMENT

(1.) Appellant-defendant-tenant (hereinafter referred as 'tenant') has preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 6/9/2000 passed in Civil first appeal No.46/1998 by the Court of Additional District and Sessions Judge, Kishangarh, Ajmer, affirming the judgment and decree for rent and eviction dtd. 17/4/1998 passed in Civil Suit No.72/1997 by the Court of Additional Civil Judge and Judicial Magistrate, Kishangarh, Ajmer.

(2.) On perusal of record, it transpires that the rented premise is a shop situated at Sarvahi Darwaja, Kishangarh, Ajmer which was in tenancy of tenant at the rate of Rs.35.00 per month. On 19/11/1993, respondent-landlord instituted civil suit for eviction on the ground of default, bonafide and reasonable necessity under Sec. 13 of the Rajasthan Premise (Control of rent and Eviction) Act, 1950 (hereinafter referred to as "the Act of 1950").

(3.) The tenant has admitted his tenancy, however, disputed the ground of eviction and contested the eviction suit.