NARESH ADOPTED Vs. MU. KESAR

JUDGEMENT

(1.) This civil second appeal has been filed by the appellant/defendant/tenant (for brevity-'the defendant') who suffers concurrent findings of facts against him vide judgement dtd. 26/4/2016 passed by the learned Senior Civil Judge, Bandikui, District Dausa (for brevity-'the learned trial court') decreeing the civil suit no.93/95, B.T. No.02/2010 filed by the predecessor-in-interest of the respondents/plaintiffs for eviction, arrears of rent and mesne profit, which has been upheld by the learned Additional District Judge No.1, Bandikui District Dausa (for brevity-'the learned appellate court') vide its judgement and decree dtd. 19/10/2022 while dismissing civil regular appeal no.10/16, CIS Civil Regular Appeal No.45/2020, CNR No.RJDS060002882016.

(2.) The relevant facts in brief are that Smt. Kesar (hereinafter referred to as 'the plaintiff'), the predecessor-in-interest of the respondents no.1/1 to 1/4 filed a suit for eviction, arrears of rent and mesne profit against Smt. Mooli (hereinafter referred to as 'the defendant'), the predecessor-in-interest of appellant and the proforma respondents no.2/1 to 2/3 stating therein that she was owner of the subject property comprising of two rooms and a chowk, a part of her puccaa house, let out to the defendant vide rent note dtd. 6/10/1992 @ Rs.200.00 per month. It was averred that earlier, it was on rent with Shri Ram Swaroop S/o Bhagwana and Ramesh S/o Laxmi Narayan and the defendant. It was submitted that Shri Ram Swaroop vacated it on 10/3/1992 and Ramesh on 6/10/1992 executing a document admitting therein that after its vacation by him, it was let out to the defendant, his mother. The eviction was sought on the grounds of default in payment of rent, reasonable and bonafide necessity and denial of title.

(3.) The defendant in her written statement denied the averments in the plaint. It was stated that she was in occupation of the subject premises as its owner.