GANGADAS SADANI Vs. MOHANLAL

JUDGEMENT

(1.) This second appeal is by one of the defendants. It arises in the following circumstances Gangadas and Jankidas are the tenants of Mohanlal, respondent No. 1. The subject matter of tenancy is a shop situated in the town of Bikaner and the rent payable was Rs. 14/- per month according to every Hindi calender month The plaintiff sued the defendants for their eviction from the suit shop after having determined the tenancy According to the plaintiff the rent had not been paid after Asadh Sudi 15, Samvat 2022. On the date of the suit the rent due was for 52 months. Another ground on which the eviction was sought was that the shop was required by the plaintiff for his son Dwarka Dass for starting his own business.

(2.) The suit was resisted by the defendants. It was alleged that the rent has been paid upto Asadh Sudi 15, Samvat 2026. The requirement of the plaintiff was also denied. The validity of the notice was also contested.

(3.) The learned Munsif Bikaner tried the case on various issues arising on the pleadings of the parties and decreed the plaintiff's suit for eviction and for arrears of rent. The appeal on their behalf before the District Judge, Bikaner, was dismissed. It is this decree that has been challenged before me in second appeal.