RAMESH CHAND Vs. SURYA PRASAD

JUDGEMENT

(1.) THE defendant-tenant Ramesh Chand has preferred this appeal against the concurrent judgment and decree of eviction.

(2.) FACTS in brief giving rise to this second appeal are that the plaintiff-respondent filed a suit for eviction on 18. 2. 1991 with the averments that Sh. Gangaram (since deceased) is the tenant in suit shop on monthly rent of Rs. 20/- from 24. 5. 1958. Eviction was sought on grounds of default in payment of rent, reasonable and bonafide requirement of the plaintiff, closure of the shop by the tenant for more than a year, substantial damage to the suit shop, unauthorized possession of Sh. Ramesh Chand and sub-letting to the defendant No. 2 Sh. Tara Chand.

(3.) THE Trial Court vide order dated 2. 5. 1998 determined the arrears of rent provisionally as provided under Section 13 (3) of the Act and directed the tenant to pay the monthly rent subsequent to the date of the determination also. THEreafter, on application of the plaintiff-landlord the Trial Court vide order dated 1. 4. 2000 passed an order stricking out the defence against eviction under sub-section (5) of Section 13 of the Act. Civil Misc. Appeal No. 34/2002 preferred by the tenant against this order was also dismissed by learned Additional District Judge No. 1, Alwar on 5. 9. 2002.