JEETMAL Vs. TEOMAL

JUDGEMENT

(1.) THIS is a civil second appeal by the plaintiff whose suit has been dismissed by the first appellate court though it was decreed by the trial court. The plaintiffs claimed to be landlords of the property in question and they filed a suit for ejectment of the respondent -defendant tenant from a shop situated in Dargah Bazar Ajmer and for arrears of rent and mesne profits.

(2.) THE case of the plaintiffs is that they purchased the property bearing AMC No. IV/430 situated at Dargah Bazar, Ajmer, from Rellumal Chhabaldas by a registered sale deed dated the 27th October, 1967. The defendant was tenant in respect of a shop on the ground floor which is a part of the said property at the rate of Rs. 13/ - per month. The defendant became a tenant of the plaintiff -Jeetmal by virtue of operation of law. Rellumal Chhabaldas instructed the defendant to attorn the plaintiffs as landlord from the date, the plaintiff had purchased the property. According to the sale - deed, as alleged in the plaint, the plaintiff was also authorised to recover the arrears of rent by Rellumal Chhabaldas, the previous landlords.

(3.) THE plaintiff further averred that the rent of the shop occupied by the defendant from 23rd October, 1964 to 22nd May, 1968 is due and out of Rs.559. 00 only Rs. 26/ - were sent by the defendant by the money order. The plaintiff filed the suit for eviction on the various grounds. However, they are not relevant for the present case. However, Shri U.N. Bhandari, the learned counsel for the plaintiff has candidly conceded that so far as the eviction is concerned no decree can be passed and the finding cannot be entertained. But, the finding of the first appellate court that the plaintiffs are not landlords of the defendants deserves to be set aside, argued Shri Bhandari.