UNION OF INDIA Vs. PARVATI DEVI

JUDGEMENT

(1.) THIS is the civil first appeal by the defendant-tenants (hereinafter referred to as the `defendants') against the judgment and decree of eviction dated 4. 3. 1997 passed by the learned Additional Distt. Judge No. 6, Jaipur City, Jaipur.

(2.) THE relevant facts in brief are that the plaintiff- respondents No. 1 to 3 filed a civil suit for arrears of rent and eviction on 2. 12. 1987 with the averments that the suit house known as `sansar Villa' situated at M. I. Road, Jaipur was let out by the original landlord D. N. Sen at monthly rent of Rs. 230/ -. THE tenancy commenced with effect from 1. 1. 1954. D. N. Sen expired in September, 1967. THE defendants started paying rent to Raghuveer Sen son of D. N. Sen. THE monthly rent was enhanced to Rs. 270/- w. e. f. 1. 11. 1962. Raghuveer Sen had filed a civil suit No. 101/80. During the pendency of that civil suit, monthly rent was paid at the rate of Rs. 500/ -. Hence, the suit was got dismissed in default on 15. 7. 1983.

(3.) EVIDENCE was recorded and vide impugned judgment and decree dated 4. 3. 1997, Issues No. 1, 3 to 7 were decided in favour of the plaintiff-landlords. With regard to Issue No. 8 it was held that the defendants though committed default in payment of rent but being the first default, decree of eviction on this ground could not be passed. Issue No. 2 was decided in favour of the defendants but Issue No. 9 with regard to fixation of standard rent was decided in favour of the plaintiffs that the defendants would pay standard rent at the rate of Rs. 675/- per month from the date of filing the present suit. Consequently, the decree of eviction was passed in favour of the plaintiffs and defendant No. 3.