MUMTAJ AHMED Vs. FIRM BADRILAL

JUDGEMENT

(1.) This civil second appeal has been filed by the unsuccessful appellant/defendant/tenant (for brevity, "defendant") against the judgment and decree dtd. 20/4/2019 passed by the learned Additional District Judge, Sawaimadhopur (for brevity, "the learned Appellate Court") whereby, the Appeal No.126/2012 (1291/2014) preferred against the judgment and decree dtd. 19/4/2012 passed by the learned Civil Judge (Junior Division), Sawaimadhopur (for brevity, "the learned trial Court") decreeing the Suit No.09/1996 (17/92) filed by the respondents/plaintiffs (for brevity, "plaintiffs") for eviction and arrears of rent, has been dismissed.

(2.) The relevant facts in brief are that the plaintiffs filed a suit for eviction and arrears of rent against the defendant with the averments that the suit shop situated in Sawaimadhopur was let out by them to the defendant on 15/10/1988 @ Rs.350.00 per month. Alleging that the defendant has committed default in payment of rent for a period of six months, his eviction was sought along with arrears of rent.

(3.) The defendant in his written statement denying the relationship of landlord and tenant between the parties, submitted that he has taken the suit shop on rent from Shri Hari Ballabh @ Hari Prasad, who has executed an agreement to sell dtd. 23/12/1990 of the subject shop in his favour for a consideration of Rs.2,50,000.00 receiving an advance amount of Rs.38,000.00 in cash. It was averred that thereafter, he has not paid rent to Shri Hari Ballabh @ Hari Prasad.