CHHUTTAN LAL SARIMAL Vs. SUSHIL MANSUKHANI

JUDGEMENT

(1.) THE plaintiff appellant has preferred this second appeal against the judgment and decree dated 21. 7. 1984, whereby Civil Judge, Ajmer, set-aside the judgment and decree of eviction passed by Additional Musnif No. 1, Ajmer City, Ajmer, on 31. 7. 1979.

(2.) THE relevant facts in brief are that the plaintiff as receiver instituted a suit on 2. 12. 1970, for eviction with the averments that the suit premises situated in Ajmer was let out for residential purposes to the defendant in 1957 on monthly rent of Rs. 60/ -. THE defendant without the consent of the plaintiff got constructed more than one poultry farm by raising permanent structure inspite of the protests made by the plaintiff. This the defendant is making commercial use of the premises which is inconsistent with the purpose for which she was admitted to the tenancy. THE defendant has also committed default in payment of rent.

(3.) AT the very out-set learned counsel for the plaintiff appellant did not press first two questions. Regarding third substantial question of law, two submissions were made on behalf of the plaintiff appellant. The first is that in first appeal the findings of the trial court on the point of material alteration were set-aside only on the ground that poultry farms were established over the open land which was not the part of rented premises.