SATISH CHANDRA MANGAL Vs. RAM KISHORE DUBEY

JUDGEMENT

(1.) Appellant-tenant has filed this second appeal assailing the judgment and decree dtd. 19/9/1997 passed in civil first appeal No.16/96 by the Court of Additional District Judge No.2, Jaipur City, Jaipur, affirming the judgment and decree for eviction dtd. 12/12/1995 passed in Civil Suit No.1324/89 by the Court of Additional Civil Judge (Junior Division) No.3, Jaipur City, Jaipur titled as Ram Kishore Dube and Ors Vs. Satish Chand Mangal.

(2.) The relevant facts as culled out from the record are that the appellant is tenant in shop in question since 16/6/1970 at the rate of Rs.50.00 per month. The tenancy of appellant is not in dispute. Respondents instituted a civil suit for eviction invoking the provision of Sec. 13(1)(J) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as'the Act of 1950') on 3/1/1989. The provision of Sec. 3(1)(J) of the Act of 1950 envisages that if rented premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of suit, in that situation, the landlord is entitled to evict the tenant. Respondents specifically averred in the plaint that the appellant is not using the shop in question and the same is laying closed without any reasonable cause more than 5-7 years and specifically for six months continuously, just preceding to the date of filing of the suit. Appellant submitted his written statement and contended that he is using rented shop for the purpose of running a business of electric decoration in marriage functions and his articles are laying in the rented shop.

(3.) According to the rival pleadings of parties, contentious issues were framed and evidence was recorded. Both parties adduced their evidence.