HARI PRASAD Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This is the second appeal by the defendants-tenants. The parties hereinafter would be referred as arrayed in the plaint.

(2.) The plaintiff filed a civil suit on 16.11.1992 for arrears of rent and eviction with the averments that two shops were let out to the defendant No.1 Hari Prasad on 1.7.1987 on monthly rent of Rs.600/- by the plaintiff. Eviction was sought on the grounds of default in payment of rent, reasonable and bona fide requirement for two sons of the plaintiff, material alteration and sub-letting giving the details of all the grounds. The defendants vide written statement denied all the grounds of eviction. It was pleaded that the defendant No.2 Mahesh Chand is real brother of the defendant No.1 and the defendant No.3 is his nephew.

(3.) Issues were framed. Evidence was recorded. Vide judgment dated 22.5.1999, learned Civil Judge (Junior Division) Bari, district Dholpur decreed the suit for eviction. Issue No.1 of default was not pressed. Issue No.7 of material alteration was decided against the plaintiff. Issues relating to reasonable and bona fide requirement, comparative hardship and sub-letting were decided in plaintiff's favour. First appeal filed by the defendants was also dismissed vide impugned judgment dated 1.5.2003 by learned Additional District Judge, Dholpur.