JWALA SINGH Vs. LAXMI LAL

JUDGEMENT

(1.) THIS second appeal is directed against the decree dated September 22, 1993 passed by the Additional Civil Judge No. 2 Udaipur affirming the judgment and decree dated March 1, 1990 passed by the Munsif and Judicial Magistrate (North), Udaipur.

(2.) THE eviction suit of the plaintiff -respondent has been decreed by the two courts below on the ground of second default in payment of rent. The plea of the defendant in his written statement was that he had paid Rs. 1200/ - in advance and theretofore, he has not committed any default. The payment was alleged to have been made to the son of the plaintiff. Both the courts below on the basis of the appreciation of evidence have found that the payment of rent in advance alleged by the defendant has not been proved.

(3.) ACCORDING to the application, the receipt was found in the space of the shelves of the wooden (able lying in the shop in question on October 24, 1993 and soon thereafter, he has moved this application along with this appeal.