HARJI Vs. SHANTI DEVI

JUDGEMENT

(1.) This is a second appeal by the defendant -tenant in a suit for recovery of rent and ejectment against the judgment and decree passed by the Additional Civil Judge, Ajmer, dated July 11, 1972.

(2.) The dispute relates to the premises which are fully described in paragraph No. 1 of the plaint. The suit premises were let out to the defendant on a monthly rent of Rs. 17.50. The parties settled their account as to the arrears of rent on April 20, 1967 and a sum of Rs. 210/ - was found due to the landlord upto April 23, 1967. The defendant had thereafter paid a sum of Rs. 35/ - only, with the result that up to December 12, 1967, a sum of Rs. 350/ - became due from the defendant. The plaintiff thereafter served a notice terminating the tenancy under Sec. 106 of the Transfer of Property Act and brought the suit, out of which this appeal arises on January 3, 1968 with the prayer that a decree for arrears of rent and eviction be passed against the defendant. The plaintiff sought eviction of the defendant on two grounds; firstly, that the defendant had neither paid nor tendered rent for more than six months; and secondly, that the plaintiff required the suit premises reasonably and bona fide for the use and occupation of herself and her family.

(3.) The defendant contested the suit. He denied that the plaintiff was his landlord and that there was any relationship of landlord and tenant between the parties. Several other pleas were also raised with which we are not concerned in this appeal.