GOVERDHAN RAM (DECEASED) AND OTHERS Vs. MOHD YUSUF

JUDGEMENT

(1.) This second appeal is preferred against the Judgment and decree dated 18/09/2014 passed by the Additional District Judge No. 2, Sikar, (hereinafter referred to as 'the appellate Court') in civil regular appeal No. (99/2009)/84/2009 whereby, the appellate Court confirmed the judgment and decree dated 22/08/2009 passed by the Civil Judge (Junior Division), Sikar (hereinafter referred to as 'the trial Court'), in civil regular suit No. 135/2002.

(2.) The brief facts giving rise to this appeal are that the plaintiff-respondent filed a suit for eviction against the original tenant Sh. Goverdhan Ram (since deceased), inter alia, alleging that two shops described in para No. 1 of the plaint were let out to the tenant by the previous landlord. It was alleged that the plaintiff purchased the suit property from the previous landlord in the year 1995 and the previous landlord informed the tenant about the sale and asked the tenant to pay the rent to the plaintiff. Therefore, the relationship of the landlord and tenant commenced from the year 1995. It was alleged that the defendant has committed default in the payment of rent and has denied the title of the plaintiff. The tenant has materially altered the shop in question by fixing the stair case and has created nuisance as alleged in the plaint. The plaintiff requires the premises reasonably and bonafidely.

(3.) The suit was resisted by the defendant by filing a written statement, in which the tenant-defendant has denied all the grounds of eviction as alleged in the plaint. It was stated that agreement to sale has not created any right, title or interest in favour of the plaintiff. Hence, the plaintiff is not the landlord of the defendant. The notice of the alleged sale was given to the defendant neither by the previous landlord nor by the plaintiff.