MOHAN Vs. KANNI BAI WIDOW OF NAVLA DANGI

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decre dated December 7, 1993, passed by the Civil Judge No. 3 Udaipur dismissing the appeal against the judgment and decree passed by the Munsif and Judicial Magistrate, Udaipur City (North), dated November 23, 1987.

(2.) THE plaintiff -respondent had filed a suit for eviction against the appellant interalia on the ground of default a second time. Both the courts below found the defendant to have committed default in payment of rent to the landlord for a period of more than six months on the date of filing of the suit and decreed the eviction of the appellant.

(3.) THE next contention of the learned Counsel for the appellant is that the finding of the two courts below is vitiated because the plaintiff has wrongly averred in the plaint that the defendant has not paid rent from November 1978 to February 1981 whereas in fact the appellant has paid the rent upto March 1979 and thereafter tendered the ernt for April 1979 through Money Order. However, there is no dispute now that after 1979 no amount was tendered or paid to the plaintiff.