(1.) This is defendant's first appeal against the judgment and the decree of the learned Additional District Judge No. 2, Jaipur City dated 21st September, 1974.
(2.) There is a building situate on the Mirza Ismail Road, Jaipur known as Bhagwat Bhawan. A part of this building was rented out to defendant M/s. General Auto Agencies for the rent of Rs. 425 per month. According to the plaintiff this part of the building was sold by the owners of the building to the plaintiff on 7th November, 1963, for Rs. 48,499, Shri Mangilal the proprietor of the building who sold it to the plaintiff wrote to the defendant on 7th December, 1968 that the premises had been purchased by the plaintiff, and, therefore, rent may henceforth be paid to the plaintiff. This notice was received by the defendant firm on 13th December, 1968 and it is alleged that thereafter the defendant started paying rent at the rate of Rs. 425 per month to the plaintiff and continued to pay it till February, 1969. It appears that the plaintiff did not accept the rent after February, 1969 and the money orders sent by the defendant to the plaintiff towards the payment of the rent was refused by the plaintiff. A notice (Ex. 5) was served on the defendant by the plaintiff on 3rd October, 1969 intimating him that the tenancy was terminated and that the defendant should hand over the vacant possession of the premises to the plaintiff. It was also mentioned in the notice that the plaintiff required the premises for his personal bona fide need for residential purpose as well as for carrying on the business of Chemical Limes produced by the plaintiff. This notice did not bring the desired effect on the defendant and the defendant did not hand over the vacant possession to the plaintiff. The plaintiff was, therefore, compelled to bring the present suit for ejectment of the tenant as well as for the arrears of rent.
(3.) It may be mentioned that the suit was filed against General Auto Agencies through its manager Shri Bhanwar Lal Bordia.