RAMPAL Vs. RAMCHANDRA

JUDGEMENT

(1.) The present second appeal under Sec. 100 CPC has been filed by the defendant -tenant -Rampal s/o. Late Shri Jankilal Bhandari in this Court on 09.10.2000, aggrieved by the reversal of the judgment and decree dated 17.04.1989 passed by the learned trial court of Additional Munsif Magistrate, First Class No. 1, Bhilwara in Regular Civil Case No. 36/81 - Shri Ramchandra Vs. Shri Rampal and grant of the eviction decree by the learned appellate court of Additional District Judge No. 1, Bhilwara by the judgment and decree dated 09.08.2000 passed in Civil Appeal No. 49/90 - LRs. of Ramchandra Vs. Rampal.

(2.) A suit for eviction was filed by the plaintiff -landlord before the learned trial court, in respect of the suit shop in question, on the ground of default in payment of rent under Sec. 13(1)(a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as 'the Act of 1950'), which was rejected by the learned trial court on 17.04.1989 with the following findings recorded in favour of the defendant -tenant and against the plaintiff -landlord: -

(3.) The learned appellate court however, allowed the appeal of the plaintiff -landlord on 09.08.2000 with the following findings and observations in favour of the plaintiff -landlord and against the defendant -tenant: -