RAM KISHAN Vs. JET MAL TULSI RAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal has been filed by the defendant tenant against the judgment and decree dated 18th Feb., 1987 by which the first appellate court allowed the appeal of the landlord plaintiff respondent and passed the decree for eviction against the appellant defendant tenant on the ground of default alleged to have been committed by the appellant tenant during the pendency of the appeal in payment of the rent.

(3.) Brief facts of the case are that the plaintiff alleged that he defendant committed default in the payment of rent, which is for more than six months prior to the date of filing of the suit. It was further averred that the suit premises required for the personal bona fide need of one of the partners of the plaintiff's firm. The trial court held that the plaintiff's suit is not maintainable as it is hit by the provisions of Section 69(2) of the Indian Partnership Act. The trial court held that the plaintiff is entitled for the benefit under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act as the defendant has deposited the rent as determined by the trial court and also deposited the rent month by month during the pendency of the suit. Therefore, no decree for eviction can be granted to the plaintiff on the basis of alleged default in the payment of rent. The trial court found that the plaintiff failed to prove bona fide need of the premises in dispute.