LAWS(RAJ)-2003-10-19

JWALA PRATAP SINGH Vs. SHRI R D MATHUR

Decided On October 15, 2003
JWALA PRATAP SINGH (SHRI) Appellant
V/S
SHRI R.D. MATHUR Respondents

JUDGEMENT

(1.) THIS civil second appeal under Section 100 of the Code of Civil Procedure is preferred by the appellant- tenant against the judgment and decree dated 17/7/2001 whereby learned Additional District Judge No. 1, Ajmer affirmed the judgment and decree of eviction passed on 16/8/1994 by learned Civil Judge (Junior Division), Ajmer City (North), Ajmer.

(2.) THE relevant facts in brief are that the plaintiff/landlord/respondent (hereinafter to be referred as plaintiff) filed a civil suit for arrears of rent and eviction on 21/5/1987 with the averments that the defendant-tenant-appellant (hereinafter to be referred as defendant) is the tenant in the suit premises; house No. B1 at Ajmer on monthly rent of Rs. 400/- . THE tenancy was oral. THE suit for eviction was based on various grounds including the default in payment of rent for a period of more than six months and reasonable and bonafide requirement of the plaintiff giving details of the said grounds in the plaint.

(3.) WITH regard to first question of law, the defendant during pendency of the first appeal filed an application under Order 6 Rule 17 C.P.C. with the averments that the plaintiff wants to sell the suit property and a number of persons visited the suit property along with property dealers in February, 1997, hence the defendant may be allowed to amend his written statement. This application was opposed by the plaintiff. Learned Additional District Judge No. 1, Ajmer dismissed this application being vague vide order dated 28/1/1998. S.B. Civil Revision Petition No. 283/1998 against this order filed by the defendant was dismissed by this Court vide order dated 9/7/1998 with a direction that the defendant shall be at liberty to move the learned lower appellate court under Order 41 Rule 27 C.P.C. to bring subsequent events on the record.