DHARSI DASS Vs. DHAPU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the judgment and decree of the trial court dated 27.5.1982 passed in Civil Original No.41/1979 and dismissal of the appellant's appeal by the first appellate court vide judgment and decree dated 22.7.1986.

(3.) Brief facts of the case are that the plaintiffs Smt. Dhapu and Kishan Lal, who were real brother and sister, filed a suit for eviction of the defendant Dharsi Dass. The plaintiffs alleged that the plaintiff no.1 was widow and plaintiff no.2 was looking after the interest of the plaintiff no.1. The suit property consisting of one Moda and a Kothadi under the stairs were let out to the defendant in the year 1960 on a rent of Rs.5/- per month. According to the plaintiffs, the plaintiff no.2 was receiving rent of the suit premises. In the year 1968, at the time of marriage of the defendant's son Mohan, one Patiyal and chowk were also taken by the defendant but when these accommodations were not handed over to the plaintiffs, then it was agreed that the defendant shall pay total Rs.15/- per month as rent for all above mentioned accommodation. According to the plaintiffs, the defendant paid the rent upto the month of April, 1973 and thereafter, did not pay the rent. The plaintiffs pleaded that the defendant has already purchased a residential house for himself and thereafter, he has denied the title of the plaintiffs and also renounced the character as of tenant.