SANTOSH BIHARI Vs. BHAGWAN DAS SINDHI

JUDGEMENT

(1.) BOTH these second appeals have been filed on behalf of the plaintiff -appellant u/S.100 CPC against the common judgment dated 09/10/2009 passed by Additional District Judge No.9, Jaipur City, Jaipur whereby, it has dismissed Civil Regular Appeal No.10/2009 (Santosh Bihari Vs. Bhagwan Das Sindhi) filed by the plaintiff - appellant upholding the judgment and decree dated 03/11/2007 passed by Additional Civil Judge (Junior Division) No.5, Jaipur City, Jaipur partly dismissing the suit thereby, decreeing the suit for recovery of rent @Rs.300/ - per month but refusing to pass the decree of eviction, whereas the appellate court has partly allowed Civil Regular Appeal No.01/2008 (Bhagwan Das Sindhi Vs. Santosh Bihari) filed by the defendant - respondent partly confirming the judgment & decree of the court of Additional Civil Judge (Junior Division) No.5, Jaipur City, Jaipur dated 03/11/2007 dismissing suit and refusing to pass the decree of eviction but the appellate court has determined the rate of rent Rs.25/ - per month instead of Rs.300/ - per month determined by the court below.

(2.) SINCE both these appeals arise out of the common judgment of the first appellate court hence, they are being decided by this common judgment.

(3.) THE facts giving rise to the filing of these two appeals in brief are that a suit was filed by the plaintiff - appellant for eviction and recovery of rent on the ground of nuisance and also on other grounds with the averments that rate of rent of the disputed premises is Rs.300/ - per month excluding the house tax, electricity and water charges. The court below has decreed the suit for arrears of rent and held that rate of rent is Rs.300/ -, which is due since 01/05/1995 but eviction on ground of nuisance has been denied and benefit of first default has been given to the defendant -tenant. Appeal has been preferred by both the parties in which issue of nuisance is also being stand in the same way and decided against the appellant, whereas the appellate court has held that rate of rent is only Rs.25/ - per month and the decree as regards to the rate of rent of Rs.300/ - per month has been set -aside hence, these second appeals have been filed by the appellant with the contention that rate of rent should be held at Rs.300/ - per month and decree of eviction on the ground of nuisance be allowed.