(1.) BRIEF facts giving rise to this first appeal are that the respondent-plaintiff filed a suit on 21.9.1993 for eviction from the suit shop on the grounds of default in payment of rent, reasonable and bonafide necessity; sub-letting and nuisance with the averments that the shop measuring 15'x 20' ft situated on Moti Lalo Atal Road, Jaipur was let out to the appellant-defendant on monthly rent of Rs. 500/- on certain terms and conditions mentioned in para 2 of the plaint. The tenancy was oral. The defendant did not pay rent from the month of May, 1992. The plaintiff requires the suit shop for his own profession. The plaintiff has no residential house of his own at Jaipur. He wants to construct residential house upon the details of other grounds of eviction, he prayed for decree of eviction.
(2.) THE defendant in his written statement pleaded that the suit shop was let out to his father by plaintiff's father. Denying all the grounds of eviction, it was pleaded that rent upto September, 1990 was paid to Mr. C.N. Sharma, father of the plaintiff. THEreafter, he was informed vide letter dated 31.10.1991 that rent from October, 1990 may be paid to the plaintiff. Hence he paid the rent to the plaintiff but the plaintiff declined to accept the rent.
(3.) ACCORDING to learned senior counsel, the suit shop was let out for business purposes and according to the case of the plaintiff-landlord the original landlord was Sh. C.N. Sharma father of the plaintiff who vide letter Ex.10 dated 30.10.1991 informed the appellant-tenant to pay rent to the plaintiff from 1.10.1990 and thus the plaintiff became the new landlord and fresh terms and conditions were agreed between them as mentioned in para 2 of the plaint and thus the plaintiff had no right to file a suit for eviction on the grounds set forth in clause (h) of sub-section (1) of Section 13 of the Act before the expiry of five years from the date the premises were let out the tenant. reliance is placed upon. T.K. Lathika vs. Seth Karsandas Jamnadas (1), Smt. Menoka Rani Pal vs. Smt. Maya Rani Karmakar (2), Govind Narain vs. Mohan Singh (3), Ram Saran Sharma vs. Kamala Acharya (4), A. Ranganatham Chetti and Others vs. M. Ethirajulu Nayudu (5), Martin & Harris Limited vs. Vith Additional Distt. Judge & Ors. (6), Ram Narayan Sharma vs. Shakuntala Gaur, (7), Sardar Singh vs. Prakash Singh (8).
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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