NAGAR PALIKA DUNGARPUR Vs. KESHAV DASS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS second appeal by the defendant and is directed against the judgment and decree of the first appellate court dated 25/31. 7. 1987 by which the first appellate court allowed the appeal of the plaintiff landlord and decreed the suit of the plaintiff for eviction of the appellant tenant.

(3.) SAID Raghunandan Das died in the year 1976 which is after about 20 years from the handing over property to Municipal Board. Before death of said Raghunandan Das, he alleged to have executed a will in favour of his Chela Keshav Das, present plaintiff on 29. 1. 1973. Plaintiff Keshav Das filed the present suit for eviction of Municipal Board from the land in question in the year 1980 precisely on 18. 2. 1980. In para No. 5 of the plaint, it is mentioned that the rent since 1973 is due in the defendant but in para No. 14 of the plaint, the plaintiff claimed that the rent of 2 years i. e. 1978 and 1979 amounting to Rs. 102/- is only due in the defendant and, therefore, the plaintiff claimed decree of Rs. 102/-, arrears of rent. The plaintiff also claimed that the defendant materially altered the suit premises by raising three rooms which are constructed for establishing `octroi office' and the defendant also constructed one room and well in the property let out by the plaintiff's predecessor. Another ground is that by including some portion of the property in dispute, the defendant has allowed some cabin holders to do their business in the said cabins and the defendant started recovering rent from those cabin holders. Therefore, according to the plaintiff, the defendant sublet part of the suit property. It is also submitted that by that, the defendant has violated the terms and conditions of the lease deed and, therefore, the plaintiff is entitled to decree for possession of the suit property along with decree for arrears of rent.