SECRETARY, MINISTRY OF REVENUE, GOVT. OF RAJASTHAN, JAIPUR AND ORS. Vs. THAKURANI SAHIBA SHRIMATI PHOOL KUMARIJI

JUDGEMENT

(1.) This second appeal by the defendant is directed against the judgment and decree of Senior Civil Judge, Sikar, dated August 29, 1976, in suit for ejectment and arrears of rent.

(2.) The dispute relates to a portion of the Fort situated at Fatehpur (Shekhawati). The plaintiff comes with the case that the suit premises were let out to the defendants on a monthly rent of Rs. 24/- per mensem. When the defendants did not make payment of the rent of the suit premises the plaintiff served a notice terminating the tenancy under Section 106 of the Transfer of Property Act. When, in spite of the notice, the defendants did not vacate the suit premises the plaintiff brought the suit for the recovery of arrears of rent amounting to Rs. 144/-. The plaintiff also sought eviction of the defendants on the ground that the defendants had made defaults in payment of rent within the meaning of Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The defendants resisted the suit on various grounds. They however impliedly admitted that the suit permises were let-out to them by the plaintiff.

(3.) On the pleadings of the parties, the following issues were struck by the trial Court, -