MEENA SURANA Vs. CHAMPALAL

JUDGEMENT

(1.) APPELLANT -defendant has laid this appeal imploring annulment of judgment and decree dated 19th of February, 2015, passed by Additional District Judge, Abu Road, District Sirohi (for short, 'learned lower appellate Court'), affirming the judgment and decree dated 20th of April, 2011, passed by Civil Judge (Junior Division) Sirohi (for short, 'learned trial Court').

(2.) BRIEFLY stated, the facts of the case are that, respondent -plaintiff instituted a suit for eviction and recovery of rent against appellant -defendant, inter alia, on the ground that the premises owned by him was let out to respondent in February, 1998 at a monthly rent of Rs. 700/ - and asserted that the tenancy was as per English calendar month. For seeking eviction of the appellant, ground of default in payment of rent is set out in the plaint besides the ground of reasonable and bona fide necessity. In order to prove reasonable and bona fide necessity, respondent has pleaded that he is contemplating to enter into matrimony, and therefore, for himself and his wife he is in dire need of the disputed premises. It is further averred, in the plaint, that respondent is having no other accommodation to provide shelter to his prospective wife and in want of requisite accommodation his matrimonial prospects are substantially diminishing. Respondent has also set out a case that if the appellant is asked to vacate the premises, it will not cause any hardship to her, and, contrary to it, would cause undue hardship to him. Besides these two grounds, the respondent has also taken shelter of yet another ground for eviction, viz., material alteration in the premises by appellant. While taking a dig at the stand of the appellant in disowning the ownership of respondent, it is also urged, in the plaint, that appellant is liable to be evicted from the premises on the ground of denial of title. Requisite facts, about default in payment of rent, were incorporated in the plaint with material particulars.

(3.) RELYING on the pleadings of rival parties, the learned trial Court settled eleven issues for determination.