RAM CHANDRA Vs. MANDIR SHREE VISHWANATH MAHADEV

JUDGEMENT

(1.) This second appeal is arising out of the judgment and decree dated 30.07.1998 passed by the learned Additional District Judge, Sojat in Civil Appeal No.11/1998 Ram Chandra Vs. Mandir Shree Vishwanath Mahadev & Anr. who dismissed the appeal filed by the present appellant-defendant-tenant and affirmed the judgment and evciction decree dated 24.11.1997 passed by the learned Civil Judge (Junior Division), Udaipur (South) in Civil Original Suit No.110/1996 Mandir Vishwanath Mahadev, Bapu Bazar, Udaipur & Anr. Vs. Ram Chandra.

(2.) The present appellant-defendant-tenant Ram Chandra, who is carrying on the transport business under the name and style of M/s Gayatri Roadways in the suit premises situated at a busy area of Delhi Gate, Udaipur has filed the present second appeal under Section 100 of the Code of Civil Procedure against the concurrent decree of eviction passed against him under the provisions of Transfer of Property Act, 1882. The present second appeal was admitted by a co-ordinate bench of this Court on 17.09.1998 and the following substantial questions of law were framed by this Court for consideration:-

(3.) The present suit was (No.110/1996) instituted by the respondent Temple namely, Mandir Shree Vishwanath Mahadev, Bapu Bazar, Udaipur and the plaintiff No.2 Shri Shyam Priya Sharan Shastri, the Mahant of the Temple, in the year 1996 after the tenancy of the appellant-defendant-tenant was terminated by serving a notice under Section 106 of the Transfer of Property Act dated 27.02.1996 w.e.f. 31.03.1996 on account of default in payment of rent of February and March, 1996. The suit shop was given to the defendant-tenant Ram Chandra on a monthly rent of Rs.400/- per month. Receipt of the notice dated 27.02.1996 as well as the default in payment of rent was admitted by the defendant-tenant and, therefore, treating the tenancy as terminated under the provisions of Section 106 of the Transfer of Property Act, the learned Trial Court has granted the decree of eviction on 24.11.1997 in Civil Original Suit No. 110/1996 Mandir Vishwanath Mahadev, Bapu Bazar, Udaipur & Anr. Vs. Ram Chandra S/o Narayan Lal Khandelwal.