HARDAYAL Vs. RAVINDRA AGARWAL

JUDGEMENT

(1.) THIS Civil Second Appeal is filed by the legal heirs of the defendant tenant Shri Hardayal against the judgment and decree dated 3-8-2002, whereby learned Additional District Judge No. 2, Alwar, affirmed the judgment and decree of eviction dated 10-3-1997.

(2.) THE plaintiff landlord Shri Madan Mohan (since deceased) filed civil suit for eviction against the defendant tenant Hardayal in September, 1982, with the averments that suit shop was on monthly rent of Rs. 142.50. Eviction was sought on the grounds of substantial damage to the shop, default in payment of rent and reasonable and bona fide requirement.

(3.) ISSUES were framed. Evidence of the parties was recorded. Learned Additional Civil Judge (Junior Division) No. 1, Alwar, vide judgment dated 10-3-1997, did not decide Issue Nos. 1 and 5 relating to default in payment of rent and payment of rent made up to July 1982 as both the issues had already been deleted by the Court. Issue Nos. 3 and 4 relating to reasonable and bona fide requirement and comparative hardship were also left undecided as the same were not pressed on behalf of the plaintiff landlord. Issue No. 2 with regard to substantial damage to the suit shop was decided against the plaintiff while Issue Nos. 7 to 11 were decided in favour of the plaintiff landlord. On the basis of the decision on Issue No. 11, it was held that the defendant tenant had denied the title of the landlord hence decree of eviction was passed in favour of the plaintiff landlord.