AMBA SHANKAR & ANR. Vs. TARA CHAND

JUDGEMENT

(1.) Appellants have preferred this second appeal to challenge the impugned judgment dated 02.06.1994 passed by District Judge, Balotra (for short, learned lower appellate Court'), whereby learned lower appellate Court has affirmed the judgment and decree dated 08.10.1990 passed by Munsif Magistrate, Siwana (for short, 'learned trial Court').

(2.) The facts, in brief, are that respondent-plaintiff filed a suit for eviction and recovery of arrears of rent against Amba Shanker, whose legal representatives are appellants No. 1/1 to , and second appellant Manoharlal. The suit was filed after serving notice under Sec. 106 of the Transfer of Property Act, 1882 (for short, 'Act'). In the plaint, it is inter-alia pleaded by the respondent-plaintiff that in the disputed premises, which is a dwelling house, Amba Shanker and his son-second appellant, were inducted as tenants on 20.12.1972 and agreed rent was Rs.10.00 per month. As per the terms of tenancy, the tenancy was at will. The rent-deed, which was executed by Amba Shanker and second appellant, was also placed on record.

(3.) The respondent-plaintiff specifically pleaded that tenants, Amba Shanker and appellant No.2, did not pay the requisite rent despite demand and also demolished the window, which was on the upper storey of house at the height of 14 ft. and also utilised debris after demolition. In that background, respondent-plaintiff asserted that a notice for terminating tenancy was served on 28.01.1974 which was delivered to Amba Shanker on 04.02.1974. By the aforesaid notice, as per the version of respondent-plaintiff, tenancy was terminated w.e.f. 20.02.1974. The appellants craved the relief of eviction of tenants from the premises and also claimed arrears of rent and mesne profit for use and occupation.