YASHEEN KHAN Vs. BAJRANG LAL

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 16.05.2013 passed by District Judge, Churu, whereby, the judgment and decree dated 13.08.2004 passed by Civil Judge (Senior Division), Churu has been affirmed and the appeal filed by the appellant has been dismissed.

(2.) The facts in brief may be noticed thus: the plaintiff Bajrang Lal filed a suit on 23.11.1993 for eviction and arrears of rent against legal representatives of Murari Lal (defendant Nos. 1 to 6) and Yasheen Khan (defendant No. 7) with the averments that at Churu near Sabji Mandi a temple belonging to plaintiff known as Bajoriya Ji Hanumanji Mandir is situated, which was constructed by plaintiff's ancestors; plaintiff and prior to him, his ancestors were looking after the said temple; few shops are situated at the temple, from whose rental income, the expenses of temple are met; a shop next to the main gate of the temple was let out to Murari Lal about 25 years back, wherein, he was conducting his business; there was relationship of landlord and tenant between Ramniwas and Murari Lal; Ramniwas died about 11 years back and Murari Lal died in March, 1987; on account of death of Murari Lal defendant Nos. 1 to 6 being his legal heirs are statutory tenants in the shop; during the life time of Ramniwas, plaintiff Bajrang Lal started looking after the temple; the rent of the shop was Rs.30/- per month and the same was paid upto 31.12.1987, whereafter the rent was due and the defendants are defaulters in payment of rent; rent for the period 01.01.1987 to 31.12.1987 was paid by defendant No. 4 Shiv Dutt Rai, for which, the receipt dated 02.04.1987 was issued; the shop in question has been sublet by Murari Lal without permission to defendant No. 7 - Yasheen Khan and Murari Lal started recovering rent from Yasheen Khan; the possession of the shop was handed over to Yasheen Khan by Murari Lal two months' prior to his death; proceedings under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act') were initiated by Bajrang Lal; in reply thereof, it was indicated that Yasheen Khan was not the tenant and there was no relationship of landlord and tenant between Yasheen Khan and the plaintiff; the suit shop was not required by legal representatives of Murari Lal and the same was reasonably and bona fidely required for the purpose of temple and in case the same is not vacated, the plaintiff would suffer more hardship; when defendant Nos. 1 to 6 were told to hand over possession of the suit shop, it was indicated that Yasheen Khan was not agreeing to vacate the suit shop and Yasheen Khan indicated that shop was let out to him by Murari Lal and he would not vacate the premises; it was prayed that the defendants be evicted from the suit shop and possession be handed over.

(3.) A written statement was filed by the defendant Nos. 1 to 3 and 5 & 6 indicating that after the death of Murari Lal they have no business; Shiv Dutt Rai being legal heir of Murari Lal paid rent till 31.12.1987 and as there was no business left in the shop, they stopped paying rent; Yasheen Khan started utilizing the shop during the life time of Murari Lal and the same was now in exclusive possession of Yasheen Khan; Yasheen Khan used to pay rent to Murari Lal @ Rs.30/- per month; ultimately, it was prayed that the suit be dismissed.