MUKTI LAL Vs. BADRI NARAIN

JUDGEMENT

(1.) THIS is a tenant's second appeal against the judgment and decree dated February 12, 2001 of the Additional District Judge No. 9 Jaipur City whereby the Lordship's first appeal was allowed, judgment and decree dated August, 16, 1996 of the Additional Civil Judge (Senior Division) No. 5 Jaipur City were set aside and landlord's suit for ejectment of tenanted shop was decreed.

(2.) CONTEXTUAL facts depict that the plaintiff landlord (for short landlord) let out the shop in question to the defendant tenant (for shot tenant) on July 1, 1978 at monthly rent of Rs. 120/ -. The rent was increased to Rs. 150/- on January 1, 1982. The landlord on July 17, 1986 filed a suit for eviction and arrears of rent with the averments that the tenant had neither paid nor tendered the rent since April 1, 1985. It was further pleaded that shop was reasonably and bonafidely required for Dinesh Kumar, the son of land lord who had completed his graduation and if the shop was not vacated the landlord would suffer more hardship in comparison to the tenant. The landlord also pleaded that the tenant, after consuming liquor every day used to create nuisance. The tenant in the written statement traversed the allegations. It was averred that the landlord did not require the shop since the already had 4 shops out of which two shops had been got vacated and were lying vacant. The tenant who had five daughters and two sons was only earning member and he had no other source of income. It was also pleaded that the tenant neither committed default in payment of rent nor created nuisance. The land lord filed rejoinder reiterating the facts pleaded in plaint.

(3.) DURING the pendency of first appeal Landlord's son Dinesh Kumar passed LL. B. and on September 14, 1988 got himself registered as an Advocate with Bar Council of Rajasthan. The landlord in his affidavit accepted that Dinesh Kumar was enrolled with Bar Council of Rajasthan but stated that he was not interested in practice of law. Dinesh Kumar also furnished undertaking that as and when the shop in dispute gets vacated he would get his enrollment with the Bar Council cancelled and start the work of hosiery and stationery.