SWATANTRA SINGH Vs. NAGENDRA NATH

JUDGEMENT

(1.) This second appeal is by landlord against the tenant -respondent for eviction of the tenant -respondent from the suit premises situate fn the city of Ajmer, against the judgment and decree passed by the District Judge, Ajmer, dated March 25, 1975, reversing the judgment and decree passed by the Munsiff -Magistrate, Ajmer East, Ajmer, dated October 28, 1974.

(2.) The premises in dispute consists of one hall, four medium class rooms, two small side rooms, roof with a small room thereon, kitchen and one "tehkhana".

(3.) The landlord filed a suit for eviction of the tenant on the ground, inter alia, that the tenant had been allotted a suitable residence, namely, a railway quarter in Ajmer, by his employees Western Railway. The tenant in his written statement dated July 27, 1971, did cot dispute the allotment of a suitably railway quarter to him. Subsequently, be sought permission to amend his written statement, which was granted. In his amended written statement dated April 20, 1973, the tenant admitted allotment of a residential accommodation by the Railway authorities but denied its suitability. It is significant to note that no reasons were given by the defendant in the written statement how the allotted railway quarter was not suitable to him.