MOHSIN ALI Vs. RAMJAN KHAN PAHAL

JUDGEMENT

(1.) This civil second appeal has been preferred against the judgment and decree dtd. 6/11/1993 passed by the learned Additional District Judge No.4, Jaipur City, Jaipur (for brevity "the learned appellate Court") in Regular Civil Appeal No.100/1988 whereby, while allowing the appeal preferred by the respondents/defendants (for short "the defendants"), the judgment dtd. 9/2/1984 passed by the learned Upper Civil Judge No.4, Jaipur City, Jaipur (hereinafter referred to as "the learned trial Court") decreeing the Civil Suit No.3/1982 filed by the appellants/plaintiffs (for short "the plaintiffs") for eviction and arrears of rent, has been set aside.

(2.) The relevant facts in brief are that the plaintiffs filed a suit for eviction and arrears of rent against the defendants stating therein that Shri Ramjan Khan, the predecessor in interest of the defendants, had taken the subject premises comprising of a shop as described in Para 1 of the plaint from late Shri Asgar Ali, uncle of the plaintiffs, on rent @ Rs.5.00 per month. It was averred that after the death of Shri Asgar Ali, now, they are landlord. Eviction was sought on the grounds of default in payment of rent and material alteration in the rented premises.

(3.) The defendants in their written statement submitted that late Shri Asgar Ali had executed a will as also an agreement to sell of the subject property in their favour. It was submitted that their possession is protected under Sec. 53-A of the Transfer of Property Act, 1882 (for brevity "the Act of 1882"). It was averred that since, the defendants were owner of the subject property, the suit is liable to be dismissed.