LADULAL Vs. MADAN LAL AND ORS.

JUDGEMENT

(1.) The present second appeal has been filed by the plaintifflandlord in this Court on 24/1/2001 being aggrieved by the reversal of the eviction decree by the first appellate court allowing the defendant-tenant's appeal No.30/2000 Madan Lal vs. Ladulal vide order dated 23/10/2000.

(2.) The learned trial court had decreed the eviction suit no. 103/78 ( 43/83) Ladu Lal s/o Hari Ram vs. Madan Lal s/o Barda Ji Gaur in respect of the suit shop which was given on rent to the defendant initially at the rate of Rs.60/- p.m. The eviction was sought on the ground of default in payment of rent and bonafide need of the suit shop for the landlord. The defendant was carrying on the business of selling 'Paan' in the said suit shop. Issue no.5 relating to bonafide need of the landlord was decided against him by the learned trial court on the basis of provisions of Section 14(3) of the Rajasthan Rent Control Act, which did not permit eviction decree in respect of property let out for commercial purposes within 5 years of the start of tenancy. The relevant findings are quoted below for ready reference:-

(3.) The issue Nos.3A and 6 relating to default in payment of rent & arrears of rent were decided in favour of the plaintiff in the following manner:- 1637605-3