RAM DEV Vs. NIRMAL KUMAR & ANR

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 27.01.2014 passed by Additional District Judge No.2, Bikaner, whereby, the appeal filed by the respondent No.1 Nirmal Kumar against the judgment and decree dated 31.07.2010 passed by Civil Judge (Junior Division), Bikaner has been allowed and the judgment and decree passed by the said court has been set aside.

(2.) The facts in brief may be noticed thus : the plaintiff Ram Dev filed a suit for possession and arrears of rent against defendants Nirmal and Poonam Chand, inter alia, with the averments that the suit shop, which was numbered 38 earlier and now No. 42 was let out to Nirmal w.e.f. 26.11.1993; the rent was not tendered since 01.12.2000 and, therefore, he has committed default in payment of rent; said Nirmal has taken a shop No. 125 at Shri Ram Market on rent and has started business in the name of M/s. Shri Vinayak Textiles and has sublet the shop to respondent No.2 Poonam Chand and has parted with the possession of the suit shop and, therefore, the defendants were liable to be evicted from the suit shop.

(3.) A written statement was filed by Nirmal; the allegations regarding default in payment of rent and subletting of the suit shop were contested; it was, inter alia, submitted that the rent was being deposited under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act') as the plaintiff refused to accept the rent; regarding subletting, it was stated that the plaintiff and defendant No.2 have colluded and the defendant No.2 works at shop No. 17 in the name of Banthiya Brothers; it was stated that he was regularly paying the telephone and electricity bills of the suit shop and was in possession of the same.