USHA Vs. SUKHSAMPAT MAL

JUDGEMENT

(1.) THIS second appeal has been filed against the Judgment of the learned Additional District Judge No. 2, Jodhpur dated September 8, 1993, allowing the appeal and setting aside the judgment of the learned Additional Civil Judge No. 2, Jodhpur dated March 30, 1991, dismissing the suit for ejectment.

(2.) THE facts of the case giving rise to this second appeal may be summarised thus. THE plaintiff-respondent filed a suit for recovery of arrears of rent and mesne profits and ejectment against the defendant-appellants with the averments, in short, as follows. THE suit shop was let out to Ramanna on monthly rent of Rs. 100/ -. He alone was doing business in it. THE tenancy automatically came to an end on his death. THE defendant No. l is his widow and the defendant No. 2 is said to be his adopted son. Rent has not been paid for more than six months by them. Ejectment notice was served upon the defendant No. l. She replied that after Ramann's death she and her adopted son became the tenants of the suit shop. In their written-statement, the defendants admit that Ramanna was tenant of the suit shop and after his death they are in its occupation and possession. THEy have further averred that during the life time of Ramanna they were looking after the business, after his death they became the tenants of the suit shop and they have not committed default in payment of rent. After framing necessary issues and recording the evidence of the parties the trial court held that after the death of Ramanna the defendants became the tenants of the suit shop, they deposited in time the amount of rent and interest determined, the defendant No. 2 is the adopted son of Ramanna and accordingly the trial court dismissed the suit. THE plaintiff- respondent preferred an appeal. It was allowed by the learned Additional District Judge No. 2, Jodhpur by his judgment dated September 8, 1993.

(3.) NO substantial question of law is involved in the second appeal.