ACHLA RAM Vs. HASTIMAL

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment of the learned District Judge, Jalore dated February 1, 1990 by which he has dismissed the appeal of the learned Civil Judge, Jalore dated August 10, 1987, decreeing the suit of the plaintiff-respondent for the recovery of arrears of rent and mesne profits and ejectment on the ground of default in payment of rent, reasonable and bonafide necessity and reconstruction.

(2.) THE facts of the case giving rise to this second appeal may be summarised thus. On April 8, 1976, the plaintiff-respondent filed a suit for recovery of arrears of rent of Rs. 3293.32 and mesne profits of Rs. 1,004/- and ejectment on the aforesaid three grounds with the averments that the defendant took the suit shop on monthly rent of Rs. 251/- on June 18, 1973, during the period from 18.6.73 to 7.12.75, he paid Rs. 3863/- only, Rs. 3817.50 remained outstanding against him and after service of notice of ejectment he sent two money orders of total amount of Rs. 524/-. On 6.8.78, written statement was filed by the defendant admitting that he is in possession and occupation of the suit shop as a tenant. The remaining averments of the plaint were denied. He also averred that he took the suit shop in the year 1960 on monthly rent of Rs. 50/- and gradually it was increased to Rs. 251/- p.m. and reasonable and fair rent be determined. He is not in arrears of rent and suit deserves to be dismissed with costs. The plaintiff filed replication averring that the defendant had taken on rent another shop and has started business in it. By order dated 6.2.78, Rs. 10,172/- were determined under Section 13(3) Rajasthan Premises (Control of Rent and Eviction), Act, 1950 (hereinafter to be called the Act) as the amount of arrears of rent and interest. Appeal against this order was dismissed on 15.11.79. On the application of the plaintiff, defence was struck out for repeatedly committing defaults in depositing the monthly rent. Appeal against this order was dismissed on 18.3.83. S.B. Civil Revision No. 192/83 was filed against this appellate order and it was dismissed by this Court on 5.9.83.

(3.) THE plaintiff-respondent filed his caveat on 14.3.90 and this second appeal was filed on 1.5.90.