C P MASSEY Vs. HIRA CHAND

JUDGEMENT

(1.) THIS is a defendant -tenant's second appeal in a suit for eviction and arrears of rent against the judgment and decree passed by the Additional Civil Judge, Ajmer, dated March 13, 1973.

(2.) THE plaintiff -respondent sought eviction of the defendant tenant -appellant on three grounds; (1) that the defendant has committed default in payment of rent; (2) that the defendant has not been residing in the suit premises for more than six months preceding the suit; and (3) that the defendant acquired suitable house in Ajmer district.

(3.) IN appeal, the defendant raised the following three points - (1) That the appellant did not commit default in the payment of rent. (2) the appellant has neither built nor acquired suitable residential house in Ajmer district. (3) That the notice of eviction has not been served upon him. Points Nos. 1 and 3 were decided against the defendant -appellant. Point No. 2 was not pressed by the learned Counsel for the respondent and therefore it was decided in favour of the defendant -appellant. On the above findings, the lower appellate court dismissed the appeal.