SEWA RAM Vs. MANOJ KUMAR

JUDGEMENT

(1.) THIS is defendant's second appeal against the decree of eviction passed by the Addl. District Judge, Churu on 29. 5. 93 on the ground that let out a premises have not been used for the purpose for which they were let out for continuous period of six months immediately preceding the date of the suit, the ground set fourth in section 13 (l) (j) of the Rajasthan (Premises of Control of Rent and Eviction) Act, 1950.

(2.) THE suit was dismissed by the trial court by holding that plaintiff has failed to prove that the defendant is not using the suit premises for a period of 6 months immediately before filing of the suit. This finding on issue No. 1 was reversed by the lower appellate court in its judgment dt. 29. 5. 93 and suit was decreed on that basis.

(3.) HAVING bestowed my anxious consideration on the contention and having perused the two decisions, I am of the opinion that learned counsel for the appellant is not right in his submission.