(1.) THIS First Appeal under Section 96 of the Civil Procedure Code (in short C.P.C.) is preferred against the judgment and decree of learned Additional District Judge No. 7, Jaipur City, Jaipur dated 16.3.1993, in Civil Suit No. 81/88, whereby decree of eviction from the suit premises was passed in favour of the plaintiff landlord Shri Kashi Prasad (here-in-after referred to as `the plaintiff') against the defendant tenant Shri Purshottam Das (here-in-after referred to as `the defendant' (now both deceased).
(2.) THE relevant facts for decision of this appeal are that the plaintiff filed a suit in the Court of District Judge, Jaipur City, Jaipur, on 26.7.1984, with the averments that northern flat in the Plot No. A-11 at Jaipur, was given on monthly rent of Rs. 375/- to the defendant on 1.6.1976, which was enhanced to Rs. 450/- from 1.1.1978. THE plaintiff sought eviction on the following grounds :- (i) that the defendant committed default in payment of rent for more than six months i.e. from February 1979; (ii) that the premises are required reasonably and bonafide by the plaintiff; (iii) that the defendant has sub-let a part of the premises to one Abdul Rajjak without permission by way of the amended plaint:- THE following two grounds of eviction were added by way of emended plaints :- (iv) that the defendant has created nuisance, and (v) that the defendant has changed the use of the premises.
(3.) I have heard learned counsel for the parties and gone through the entire evidence oral as well ad documentary.
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