GIRRAJ PRASAD Vs. RISHIKESH

JUDGEMENT

(1.) THIS is the second appeal by the defendant- tenant against the judgment and decree dated 17. 7. 2001 whereby learned Additional District Judge No. 3, Jaipur City, Jaipur affirmed the judgment and decree of eviction dated 20. 3. 1999 passed by learned Additional Civil Judge (Junior Division) No. 4, Jaipur City, Jaipur.

(2.) THE plaintiff Sh. Jamnadas filed a civil suit for arrears of rent and eviction on 16. 9. 1976 against the defendant-tenant Sh. Kesar Lal with the averments that two shops and one `kotha' were let-out to the defendant on 9. 2. 1951 on monthly rent of Rs. 35/ -. On account of default in payment of rent and reasonable and bonafide requirement for the plaintiff's son Rajendra Kumar, the plaintiff had filed a civil suit No. 19/1969 for arrears of rent and eviction. THE defendant in that civil suit filed an application under Section 13-A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short the Act ). That application was decided on 31. 10. 1975. THE defendant having complied with that order got the benefit of the first default. THE defendant, thereafter did not pay the rent for November, 1975 to August, 1976 and thus committed second default. THE defendant is now not carrying on any business in the suit shop and he has sub-let the suit premises to his son Girraj Prasad who is doing his independent business in the name and title of Pitaliya Mishthan Bhandar. THE eviction was sought on the grounds of second default, sub-letting and substantial damage. It was also prayed that standard rent may be fixed at the rate of Rs. 87. 50 per month.

(3.) QUESTION No. 1:- Before coming to the submissions made by learned counsel, it is necessary to narrate brief facts of the first civil suit No. 19/1969. Thus suit for arrears of rent and eviction was filed by the plaintiff landlord Jamna Das against the defendant-tenant Kesar Lal on 13. 5. 1968. Eviction was sought on the grounds of default in payment of rent and reasonable and bonafide requirement. The defendant denied both the grounds of eviction. Issues were framed. After recording the evidence the then learned Additional Munsif No. 1, Jaipur City, Jaipur vide judgment dated 10. 10. 1979 held that the plaintiff has proved his reasonable and bonafide requirement. Giving benefit of first default, decree of eviction was passed.