BANSHIDHAR Vs. HINDU ANATHA ASHRAM

JUDGEMENT

(1.) This second appeal by the defendant tenant is directed against the appellate judgment and decree for eviction passed by the District Judge, Jaipur City dated March 25, 1975. The learned counsel for the appellant has confined his arguments in this appeal to two points only. His first contention is that the courts below have committed error in holding that the tenant has made material alliteration within the meaning of Sec. 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called as the Act). His second contention is that the trial court was not competent to hold a trial before registration of the plaintiff's institution under the Rajasthan Public Trusts Act, 1959.

(2.) The relevant facts giving rise to this appeal are that the plaintiff is an Institution known as Hindu Anath Ashram. One of the shops owned by the plaintiff was let out to the defendant at the monthly rent of Rs. 55/ -. The plaintiff instituted the suit on 1 -7 -1968 for eviction of the defendant appellant from the disputed shop. Prior to the institution of the suit, it was registered under the Rajasthan Societies Act, 1958 but it was cot so registered under the Rajasthan Public Trusts Act, 1959. During the pendency of the suit, the plaintiff's Institution got itself registered under the Rajasthan Public Trusts Act, 1959 on October 3, 1972.

(3.) The plaintiff sought eviction of the defendant tenant on three grounds: - -