MOHANLAL Vs. YAMUNA VALLABH

JUDGEMENT

(1.) This second appeal is directed, against the judgment and decree dated 19-8-93 passed by Addl. Civil Judge No. 3 Udaipur affirming the Judgment and decree passed by Addl. Munsiff and Judicial Magistrate City (South) Udaipur by which Plaintiff's suit for evicting the appellant-defendant from the suit shop has been decreed.

(2.) The plaintiff has filed the present suit for eviction on the grounds that the defendant has committed default in making payment or tendering the rent of the suit premises and that he has carried out construction in the suit premises without permission of the landlord which has materially altered the premises and also that such alteration is likely to reduce the value of the premises.

(3.) So far as the default in payment of rent is concerned the trial court found the defendant responsible for default but has not passed a decree on that ground by giving benefit under Section 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950. However, the trial Court found that the alleged construction in the premises has resulted in altering the premises materially. On that ground the decree for eviction has been passed, findings have been confirmed by the lower appellate court and decree has been maintained. Hence this second appeal.