RAMESHWAR Vs. SHYAMPATI

JUDGEMENT

(1.) THIS is the second appeal by the legal heirs of the defendant-tenant Shri Rameshwar against the judgment and decree dated 18. 12. 2002 whereby learned Additional District Judge, Jhunjhunu while setting aside the judgment and decree of learned Civil Judge (Senior Division), Nawalgarh dismissing the suit on 10. 9. 1997, decreed the plaintiff's suit for eviction.

(2.) THE relevant facts in brief are that the plaintiffs-Ladhu Ram and his son Nand Kishore filed a civil suit for arrears of rent and eviction in November, 1987 against the defendant-tenant Rameshwar with the averments that suit shop situated in Nawalgarh Town was let-out to the defendant in Samvat 2037 (year 1980) on monthly rent of Rs. 20/ -. THE eviction was sought on the grounds of default in payment of rent and material alteration.

(3.) I have heard learned counsel for the parties. Section 3 (iii) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short the Act) defines the term `landlord' as under:- (iii) "landlord" means any persons who for the time being is receiving or is entitled to receive the rent of any premises whether on his own account or as an agent, trustee, guardian or receiver or any other person or who would so receive or be entitled to receive the rent if the premises were let to a tenant; it includes a tenant in relation to a sub-tenant.