ASHOK GUPTA Vs. GHISI LAL BARARYA

JUDGEMENT

(1.) THIS first appeal by the appellant-tenant is filed against the judgment and decree of eviction passed on 5. 9. 1983 by learned Additional District Judge No. 3, Jaipur City, Jaipur in civil suit No. 211/1981

(2.) THE plaintiff-respondent filed a civil suit in March, 1981 with the averments that house No. C-127 situated in Tilak Nagar, Jaipur was let-out to the defendant No. 1 for the use of office of the defendant No. 2 in April, 1978 at monthly rent of Rs. 1,000/ -. THE plaintiff sought eviction on the grounds of default in payment of rent, material alterations in the premises, change in use for the purpose it was let-out and reasonable and bonafide requirement.

(3.) LEARNED senior counsel Sh. Agarwal contended that the suit property was not let out for commercial or business purposes, hence Section 14 (3) of the Act would not apply. He referred clause (4) of the Constitution of the Indian Council For International Amity, Jaipur (appellant-defendant No. 2 ). Consideration of this document was objected by learned counsel for the appellants on the ground that this document has been filed in this appeal along with an application under Order 41 Rule 27 C. P. C. without showing any reason as to why this document was not filed during the trial. LEARNED senior counsel Sh. Agarwal, in reply submitted that since no such objection under Section 14 (3) of the Act was raised in the written statement and no issue was framed, hence the respondent-plaintiff was not required to produce this document during the trial and secondly the appellants have not denied this document to be the document of Constitution of the appellant No. 2. On the basis of the submissions made by learned senior counsel Sh. Agarwal, this document is taken into consideration. Clause (4) of this document is reproduced as under :- Clause (4) :- It's a non-political, non-commercial and non- sectarian body of all those who are sincerely devoted to the promotion of Cultural Welfare of all Humanity. It shall be the duty of the Executive Committee to preserve its independent and non-partisan character, and to ensure that it exists solely for philanthropic purposes and not for any purpose of profit.