BADRI NARAIN TAK Vs. SHYAM NARAIN

JUDGEMENT

(1.) This is a civil second appeal against the judgment and decree of the Additional District Judge, Ajmer in civil appeal No. 187 of 1974 confirming the decree for ejectment of the Additional Munsiff, Aimer City (West) Jaipur in Civil Suit No. 400 of 1972.

(2.) The facts of the case as noticed by the first appellate Court are as under:- That the defendant is his tenant rent being Rs. 100 per month. The tenancy commences on 12th day of every month. That a notice terminating the tenancy dated 16-10-72 has been served on the defendant by his refusal to accept it. Thereafter another notice was sent to him by ordinary post and it has been served on the defendant. That the defendant has raised constructions of permanent nature in the suit shop dividing the shop into two. He has, therefore, carried out the constructions without the permission of the plaintiff and has materially altered the premises, which is likely to diminish the value thereof. That the defendant is using the said premises in the manner which is inconsistent with the purpose for which he was admitted to the tenancy. The premises were let out to run a restaurant, but he is carrying on wine shop in a part of the building. That the defendant has sublet, assigned or otherwise parted with the possession of the part of the premises. That rent from 12-8-73 is due.

(3.) The defendant admitted the tenancy and receipt of notice by ordinary post. All other allegations are denied. It is alleged that he had put up a temporary brick wall between the two portions of the shop for convenience. It is denied that he is using the shop for any purpose other than for which it was let out. Subletting is also denied. It is alleged that the plaintiff wants to increase the rent from Rs. 100 to Rs. 200,