NIZRU Vs. REWAR MAL

JUDGEMENT

(1.) THIS is the plaintiff -landlord's second appeal arising out of a suit for arrears of rent and ejectment in respect of the premises described in para No. 3 of the plaint.

(2.) THE property is situated in village Motuka. The case set out in the plaint was that the plaintiff -appellant was the owner of the property in dispute. Owing to communal disturbances he left the village for some other place in India. During his absence from the village the property was declared as evacuee property and was allotted to Rewarmal the respondent on payment of the monthly rent of annas tan. It is alleged that after the peace was restored in the area, he returned to the village and filed an application under Section 16 of the Administration of Evacuee Property Act. The property was ordered to be restored by the Central Government. In pursuance to she order of restoration a notice was issued to the respondent asking him to make payment of rent to the plaintiff appellant, a copy of which was also endorsed to the appellant which has been placed on the record and is marked Ex. 1, There after the plaintiff -appellant terminated the tenancy of the defendant by a notice dated February 13, 1959 Ex. 4, The defendant failed to deliver possession of the property so the plaintiff -appellant filed the present suit. The defendant -respondent denied the plaint allegations. He further denied the relationship of landlord and tenant between the plaintiff and the defendant and also challenged the validity of the notice terminating the tenancy. The allotment order made by the Central Government under the provisions of the Administration of Eyacuee Property Act, 1950 was also challenged.

(3.) AFTER the admission of she appeal a notice was issued to the respondent Rewarmal which stated that the appeal filed by the appellant Nizru challenging the judgment and decree dated March 6, 1967 passed in favour of the respondent by the Civil Judge, Alwar has been admitted and the appeal would be taken up for hearing on November 14' 1967. The notice was served on the respondent on September 29, 1967. The respondent has not chosen to appear before this Court to contest the appeal.