DURGA DEVI Vs. ABDUL HAMID

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 02.02.2005 passed by the Civil Judge (Junior Division) East, Bhilwara, whereby, the suit filed by the respondent has been decreed and against the judgment and decree dated 13.01.2012 passed by the Additional District No.1, Bhilwara, whereby, the appeal preferred by the appellant has been dismissed.

(2.) The facts in brief may be noticed thus: the plaintiffrespondent filed a suit against the appellant-defendant for eviction and arrears of rent with the averments that the suit shop was let out to the defendant for a monthly rent of Rs.45/-.

(3.) The rent was paid till 09.04.1980, thereafter the rent was not paid and, therefore a default of 22 months has been made; the shop was let out for residential purpose, however, the same is being put to use as shop, which is violation of the rent-note; defendant has constructed a house at Sanganer Colony, Bhilwara and has started living there and, therefore, the suit premises were not required; the defendant has denied her character as tenant of the shop in question. Ultimately, it was prayed that the defendant be evicted from the shop in question and further prayer was made for payment of arrears of rent and mesne profit.