RAM KALYAN Vs. SMT. LADBAI AND ANR.

JUDGEMENT

(1.) This is the second appeal preferred by the defendant tenant against the judgment and decree dated 3.2.1994, whereby learned Additional District Judge No. 2 Baran, affirmed the judgment and decree of eviction passed on 3.9.1987 by the then learned Munsif, Baran.

(2.) The relevant facts in brief are that the plaintiff respondents Smt. Ladbai and Smt. Dwarka Bai-both sisters filed a suit on 4.12.1975, for arrears of rent and eviction with the averments that the suit house at Baran was let cut to the defendant on 25.11.1967 on monthly rent of Rs. 6/-. The eviction was sought on grounds of default in payment of rent for a period of 17 months from 25.6.1974 to 25.11.1975, reasonable and bonafide requirement, denial of the title of the landlords and material alterations in the suit house.

(3.) The defendant filed written statement that he is the tenant since 1962. He has denied all the grounds of eviction with a plea that first suit No. 279/70, filed by the landlords for eviction on 1.6.1974, based on reasonable and bonafide requirement was dismissed. Hence the second suit is not maintainable.