BHUPENDRA KUMAR Vs. NATHDWARA TEMPLE BOARD

JUDGEMENT

(1.) UNSUCCESSFUL defendant is the appellant in this second appeal under Section 100 CPC preferred against the impugned judgment and decree dated 29.07.2010, passed by Addl. District Judge, Nathdwara (learned lower appellate Court), whereby the learned lower appellate Court has affirmed the judgment and decree dated 29.11.2006, passed by learned Civil Judge (Sr. Div.) Nathdwara (learned trial Court).

(2.) SUCCINCTLY stated, the facts are that on 17.05.1997 respondent -plaintiff Shree Nathdwara Mandir Mandal instituted a suit in the learned trial Court for possession and recovery of rent against appellant -defendant Bhupendra Kumar with the averments that the land of Nathuwas Petrol Pump measuring 1 bigha 2 biswa of its ownership and possession was taken by defendant on monthly rent of Rs. 100 for 11 months on 01.10.1986 and after completion of 11 months defendant became a tenant but as the Temple Board was not interested in continuing the tenancy, defendant's tenancy was terminated on 30.11.1996 by notice dated 28.10.1996. It was further averred that even after termination of tenancy, defendant neither handed over possession of tenanted plot to the plaintiff nor made payment of due rent as such the plaintiff is entitled to possession of the plot and outstanding rent amounting to Rs. 2,000/ - for 20 months from 01.04.1995 to 30.11.1996. In the plaint, a sum of Rs. 550 was also claimed as damages @ Rs. 100 per month for use and occupation of the plot for the period from 30.11.1996 till filing of the suit. Accordingly, prayer was made for decreeing the suit for eviction of defendant, possession of plaintiff and for payment of due rent, costs etc.

(3.) ON the above pleadings five issues were framed by the learned trial Court for determination. On plaintiff's side, witnesses P.W. 1 Sajjan Singh, PW2 Jamna Das, PW3 Amba Lal Paliwal were examined and Exs. A1 to A3 were marked. Defendant -appellant Bhupendra Kumar examined himself as D.W. 1 and one witness Sitaram Kumar was examined as D.W. 2. The documents marked on defendant's side were Ex. D1 to D17.