HEERA LAL Vs. MANDIR SHRI THAKURJI SANGRIA

JUDGEMENT

(1.) THE defendant -tenant has filed this second appeal against the judgment and decree dated 11.9.1987 passed by the Addl. District Judge No. 1 Hanumangarh camp Sangria in Civil Appeal No. 16/1983 whereby the learned Judge dismissed the appeal filed by the appellant and maintained the decree for eviction dated 19.5.1983 passed by the Munsif, Sangria in Civil Suit No. 23/1980.

(2.) THIS appeal was admitted on 1.12.1987 while formulating the following as substantial questions of law involved in this appeal : -

(3.) BRIEF facts relating to the suit and the proceedings in the suit could be summarised thus : The plaintiffs -respondents filed the suit for eviction, recovery of arrears of rent and mesne profits with the averments in the plaint that in Ward No. 2 of Sangria, shops of plaintiff No. 1 were situated which were looked after by "Panchayati Mandir Prabandhak Samiti" of which plaintiff No. 2 was the Chairman. From out of these shops the defendant has taken on rent the shop No. 8 from 1.2.1975 at the rent of Rs. 80/ - per month and thereafter the defendant took the shop for a fixed period of 1.7.1978 to 31.3.1979 at the rent of Rs. 85/ - per month and executed the rent note to that effect. Eviction was claimed on the grounds that : (a) the defendant has paid rent of 20 -1/2 months upto 15.10.1976 amounting to Rs. 1640/ - on 19.7.1978 under receipt but the defendant has neither tendered nor paid the rent from 16.10.1976 to 30.6.1978 at the rate of Rs. 80/ - per month and from 1.7.1978 at the rate of Rs. 85/ - per month and hence the defendant has violated the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'); (b) apart from the aforesaid ground of default, the plaintiff further averred that in the building, a school for imparting Sanskrit education was running upto "Praveshika" standard but the school was not having complete accommodation and now as the level of education was being raised to a college, the accommodation for that purpose was insufficient and to meet with the requirement of accommodation, the shop in question was required reasonably and bona fide. Two shops of the plaintiffs have already been got vacated for the said purpose and legal proceedings were on way for obtaining eviction regarding other shops. The plaintiffs also suggested comparative hardship by alleging that they were not having any other place to start Sanskrit College nor any proper place was available in Mandi Sangria. Making other averments regarding service of notice under Section 106 of Transfer of Property Act, the plaintiffs claimed the rent from 16.10.1976 to 30.6.1978 at the rate of Rs. 80/ - per month amounting to Rs. 1640/ - and from 1.7.1978 to 31.3.1979 at the rate of Rs. 85/ - per month amounting to Rs. 675/ - per month and mesne profits from 1.4.1979 to 30.9.1979 of Rs. 510/ -. The plaintiffs prayed for a decree for eviction and for arrears of rent and mesne profits.