MOOL CHAND Vs. GANDHI AASHRAM

JUDGEMENT

(1.) THIS second appeal filed by the plaintiff -landlord is arising out of the judgment and decree dated 13.08.2008 by the learned Additional District Judge, Sujangarh, District Churu in Civil Appeal Decree No. 22/2007 "Mool Chand Vs. Gandhi Aashram, Sujangarh" who dismissed the appeal filed by the appellant -plaintiff and affirmed the judgment and decree dated 25.01.1994 passed by the learned Civil Judge (Junior Division), Sujangarh in Civil Original Suit No. 19/1989 "Mool Chand Vs. Gandhi Aashram, Sujangarh" by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff -Mool Chand seeking eviction of the defendant and for recovery of the due rent for the period from 01.01.1987 to 31.01.1989 amounting to Rs. 3125/ - in relation to the suit shop situated at Station Road, Sujangarh.

(2.) THE present second appeal has been filed by the appellant, who was the plaintiff before the learned Courts below, against the concurrent rejection of his claim, as aforesaid.After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court had dismissed the suit of the plaintiff -Mool Chand on 25.01.1994 on the ground of plaintiff having failed to prove the default in payment of rent. The relevant portions of the discussion and the final order made by the learned Trial Court are quoted herein below for ready reference: -

(3.) BEING aggrieved by the judgment and decree aforesaid dated 25.01.1994, the plaintiff -Mool Chand filed the first appeal before the First Appellate Court of learned Additional District Judge, Sujangarh, District Churu namely, Appeal Decree No. 22/2007 (28/1994) "Mool Chand Vs. Gandhi Aashram, Sujangarh" which was also dismissed on 13.08.2008, while affirming the impugned judgment and decree dated 25.01.1994 of the learned Trial Court. The relevant portion of the discussion and the final order made by the learned First Appellate Court for affirming the judgment and decree of the learned Trial Court is quoted herein below for ready reference: -