TULSIRAM Vs. MOHAN LAL DASHORA

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 28.8.2012 passed by Additional District Judge No. 1, Udaipur, whereby the judgment and decree dated 23.4.2007 passed by Civil Judge (Jr. Div.), City North, Udaipur has been upheld.

(2.) THE facts, in brief, may be noticed thus: the respondent -plaintiff filed a suit for eviction inter -alia on the grounds of default in payment of rent, non -user of the premises, nuisance and reasonable and bonafide necessity of the suit premises.

(3.) THE trial court framed eight issues and after evidence was led by the parties, it came to the conclusion that the appellant has committed default in payment of rent, after determination of rent by the trial court under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act'), the rent was deposited with delay and therefore, the defence was liable to be struck off and the plaintiff was not entitled to benefit of first default under Section 13(6) of the Act; the suit premises was not being used by the defendant for more than six months; the suit property was required by the plaintiff reasonably and bonafidely; the plaintiff would suffer comparatively more hardship in the case the suit premises were not vacated; the defendant has committed nuisance; the defendant was not entitled to get the standard rent fixed at Rs. 60/ - per month, partial eviction from the suit property was not possible and consequently, decreed the suit.