KISHAN Vs. KHEM CHAND

JUDGEMENT

(1.) This is a civil second appeal of the tenant defendant in a suit for eviction, which was dismissed by the trial Court but decreed by the first appellate Court. The dispute between the parties relates to a residential house in village Roopbas of district Bharatpur, which was earlier not within the purview of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Act"). During the pendency of this appeal before this Court, it is admitted that the Roopbas village which is relevant for the purpose of this case (as the house in dispute is situated in that village), has now come within the purview of this Act on account of notification dated 2-2-1979.

(2.) The plaintiff's case was that the property was evacuee and was purchased by Girja who sold it to plaintiff Khemchand. Nathi was alleged tenant and after his death his son Kishan, widow Munni and daughter Smt. Kishan became the tenants as legal representatives of Nathi alias Natholi.

(3.) The defendants contested the suit and their case was that this property was not evacuee property and it was not sold in any auction and the defendant was the owner of this property. The following issues were framed :