MOTILAL Vs. MAHENDRA PRAKASH

JUDGEMENT

(1.) The present second appeal has been filed by the appellant/defendant/tenant, Motilal S/o Sh. Narayan Sunar, aggrieved by the judgment and decree dated 21.03.2009 passed by learned Additional District Judge (Fast Track) No.4, Jodhpur, allowing respondent/plaintiff's First Appeal No.75/2008- Mahendra Prakash S/o Sh. Bhanwarlal Vs. Motilal S/o Sh. Narayan Sunar, holding that there was default in payment of rent by the defendant/tenant, Motilal, in respect of suit property situated at "Ranawatji-Ka-Mandir", Hathiram Ka Oda, Jodhpur, a temple/Trust property.

(2.) The relevant findings of the first appellate court are quoted herein below for ready reference: - <JUDIMG>1637474-2</JUDIMG>

(3.) The learned trial court had, however, earlier dismissed the suit of the plaintiff/respondent, Mahendra Prakash S/o Bhanwar Lal Sharma, by caste Brahmin, (Suit No.20/2001- Mahendra Prakash Vs. Motilal) and refused to grant eviction decree giving benefit of first default under Section 13 (6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for brevity, hereinafter referred to as 'Act of 1950'). The operative portion of the judgment and decree dated 14.05.2002 of the trial court is quoted herein below: - <JUDIMG>1637474-3</JUDIMG>