PHOOL CHAND Vs. GIRRAJ PRASAD

JUDGEMENT

(1.) THIS is a second appeal by the defendant-tenants against the judgment of the Additional District Judge, Gangapur city, dated August 9, 1974, affirming the decree for eviction passed in favour of the plaintiff-landlord by the Munsiff, bharatpur, on the ground of sub-letting.

(2.) THE plaintiff-landlord sought eviction of the defendants from the shop situated at Bharatpur and fully described in paragraph No. 1 of the plaint, on the ground of default in payment of rent as also on the ground that the defendants had deteriorated the value of the shop by non-user for a period of more than two years. Subsequently, one more ground for eviction was added by amendment of the plaint. It was alleged in the amended plaint, that during the pendency of the suit, the defendant-appellants sub-let the shop in dispute some time in the month of February, 1971 to Pannalal Bharti, who carried on business at the suit shop under the name and style of Bharatpur Tent House. The defendants contested the suit and denied all material facts. They denied that the suit shop was sub-let to Pannalal Bharti. On the contrary, they asserted that they themselves were carrying on business in the suit shop.

(3.) ON the pleadings of the parties, several issues were framed by the trial court.