VIJAY RAJ Vs. NAIN MAL

JUDGEMENT

(1.) against the judgment and decree dated 2.11.1984 passed by Civil Judge,Chittorgarh in Civil appeal(Decree) No.104/1983.

(2.) This appeal is by the tenant-defendant-appellant against the judgment and decree of the trial court dated 30.5.1980 passed in Civil Suit No.57/75 and the appellate judgment and decree dated 2.11.1984 dismissing the appeal of the defendant-tenant-appellant. Brief facts of the case are that the plaintiff Nain Mal filed the suit for eviction of his tenant Vijay Raj before the trial court on 30.4.1975. According to the plaintiff, the suit property was let out to defendant for a rent of Rs.30 per month for which a rent-deed was executed on 27.7.1971. The plaintiff submitted that the defendant paid the rent amounting to Rs.425/- only for the period from 1.8.1971 to 31.12.1972 and, therefore, Rs.85/- is due in the defendant against the rent amount.

(3.) It is submitted that from 1.1.1973, no rent was paid by the defendant to the plaintiff and, therefore, by the time of filing of the suit, the tenantdefendant has become defaulter in payment of rent, therefore, the plaintiff is entitled to decree for eviction of the tenant. The plaintiff, before filing of the suit, served a notice upon the defendant through his Advocate on 28.12.1974 but the defendant did not reply the notice nor deliver the possession of the suit property, therefore, the suit was filed. The plaintiff also pleaded that the suit property is required for the personal bona fide need of the plaintiff.