GOVERDHAN LAL Vs. RAM LAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for arrears of rent and ejectment. The suit shop which is two storeyed is situated in Sawai Madhopur. The plaintiff -appellant claimed that it was let out to the father of the defendant -respondent Ramniwas on a monthly rent of Rs. 20/ - on 16 -6 54 The plaintiff sought the eviction of the defendants on the ground of their having committed three defaults in the payment of rent wthin a period of 18 months. The rent for three years amounting Rs. 720/ - was also claimed. The defendants admitted the tenancy but denied that the rent payable by them was Rs. 20/ - per month and asserted that the rent was only Rs. 11/ - per month. They denied the execution of the rent note on 16 6 54 by deceased Ramniwas. They further stated that they had been remitting the rent regularly to the plaintiff at Rs. 11/ - per month Dy money orders, but the plaintiff having accepted some of the money orders refused to accept the money orders later on. They further pleaded that Ramniwas was an old tenant from much before 16 -6 -54.

(2.) THE learned Munsif, Sawai Madhopur, in whose court the suit was filed, framed a number of issues ard after recording the evidence reached the conclusion: (1) that the rent note Ex. 1 was executed by Ramniwas for Rs. 20/ - per month, (2) the suit premises were not bonafide or reasonably required by the plaintiff, (3) he shop was not in need of repairs, (4) the defendants were defaulters and were consequently liable to eviction, and (5) an amount of Rs. 720/ - was recoverable from the defendants. Accordingly, the learned Munsif passed a decree for ejectment as also for arrears of rent amounting to Rs. 720/ - in favour of the plaintiff and against the defendants.

(3.) IT is in these circumstances that the plaintiff has come in second appeal to this Court.