SANWARMAL Vs. MURARILAL

JUDGEMENT

(1.) This is a second appeal by the defendant -tenant Sanwar Mal and it arises out of a suit for eviction and recovery of arrears of rent.

(2.) The dispute relates to two shops situate at Sikar, fully described in paragraph No. 2 of the plaint, These two shops were let out by the plaintiff respondent under rent -note dated March 10, 1958 to the defendant on the monthly rent of Rs. 19/ -. On July 15, 1968, the plaintiff served a nonce to the defendant terminating the tenancy and calling upon him to vacate the shops on or before September 6, 1968. When the defendant did not vacate the shops inspire of notice, the 'plaintiff instituted the present stilt on November 19, 1968 for eviction and recovery of arrears of rent for the period commencing from July 6, 1966 to November 6, 1968. The plaintiff sought eviction of the defendant on two grounds; firstly,' that the plaintiff required the suit premises reasonably end bonafide for his own use as well as for the use of his brothers; and secondly, that the defendant had committed default in payment of rent for a period more than six months.

(3.) The defendant contested the suit and denied that the plaintiff required the suit premises for his own use or for the use of his brothers. The defendant further denied that the rent was due from him from July 6, 1966. According to him the rent was due from December 6, 1967.