KELI DEVI AND ORS. Vs. ANANDI LAL

JUDGEMENT

(1.) THE appellants/defendants, who lost the legal battle before the two courts below have preferred this second appeal assailing the judgment and decree dated 14.12.2012 passed by learned Additional District Judge, Sojat City, District: Pali, in Civil Appeal No. 18/2012 -Smt. Keli Devi & Anr. Vs. Anandi Lal, whereby he dismissed the appellants/defendants' appeal and affirmed the judgment and decree dated 11.04.2012 passed by learned Civil Judge (Jr. Division), Sojat City, District: Pali, in Civil Original Suit No. 25/2009 -Anandi Lal Vs. Keli Devi & Anr., whereby the suit filed by the respondent/plaintiff against the appellants/defendants for eviction and mesne profit was decreed in favour of plaintiff.

(2.) THE operative and relevant portion of the judgment and decree dated 11.04.2012 of the learned trial court is quoted herein below for ready reference: -

(3.) THE respondent/plaintiff, Anandilal, filed suit for eviction and recovery of possession of the house and mesne profit while alleging therein that on 15.04.1997 he purchased the suit property from one Smt. Kamla Devi, under a registered sale deed. According to plaintiff, initially the suit premises was in the ownership of Smt. Roop Kanwar, who in her lifetime executed a Will in favour of Smt. Kamla Devi on 29.05.1996, who in turn sold the same to the present respondent/plaintiff. The defendant was put in possession of the suit premises since 08.11.1980 and a rent note was executed on 29.11.1980 executed by the defendant in favour of Smt. Roop Kanwar. After purchasing the said house, the plaintiff informed the defendant apprising them the fact of purchasing the suit premises. The defendants, however, have not paid the amount rent and thus became defaulter. The defendants made material alterations in the suit premises without prior permission of the plaintiff and the so also the defendants are having other alternative accommodation. The plaintiff gave a notice dated 02.01.2009 u/s. 106 of the T.P. Act terminating the tenancy and asked them to hand over the vacant possession of the suit premises.