ABDUL REHMAN Vs. KAILASH CHAND

JUDGEMENT

(1.) This is second appeal by the defendant-tenant against the judgment and decree dated 23.3.1999 whereby the Additional Distt. Judge No. 7, Jaipur City. Jaipur while setting aside the judgment and decree dated 20.7.1981 passed by the Additional Civil Judge (Small Cause), Jaipur City, s decreed the suit for eviction.

(2.) The relevant facts in brief are that the original landlord Deepchand filed a suit for eviction in November, 1973 with the averments that the defendant is tenant in the suit shop since 4.2.1968. Initially the monthly rent was Rs. 40/- and now it is Rs. 48/-. Eviction was sought on the grounds of 10 material alteration; reasonable and bonafide requirement for Smt. Snehlata daughter-in-law of the plaintiff-landlord.

(3.) Vide written statement, while admitting the tenancy, grounds of eviction were denied. On the basis of the pleadings of the parties. issues were framed. Evidence of both the parties was recorded. Vide judgment dated 20.7.1981 suit for eviction was dismissed holding that both the grounds of eviction have not been proved.