GEMRA RAM Vs. RAM CHANDRA CHAUHAN AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The plaintiff-respondents filed a suit for eviction in respect of the rented shop against the defendant-appellant in the lower Court, which was dismissed. However, on an appeal preferred by the plaintiffs the suit for eviction was decreed by the first Appellate Court on the ground of non-user of the premises as contained in Clause (J) of sub-section (1) of section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.

(3.) Learned Counsel for the defendant-appellant submits that the plaintiff has not pleaded specifically in his plaint about the non-user of the rented premises that the defendant is not using the shop for last continuous six months. In support of his contention, learned Counsel for the defendant-appellant referred the case of Gauri Lal Vs. Gujar Mal, through his Lrs, WLC (Raj) 1992 (1) Page 437 .