CHANDRASEN Vs. MURARILAL

JUDGEMENT

(1.) This is defendants' second appeal against the appellate judgment and decree of the Civil Judge, Sirohi, dated September 30, 1974, confirming the decree and judgment for ejectment passed by the Munsiff-Magistrate, Abu Road.

(2.) The dispute relates to a residential house situated at Abu Road which is fully described in paragraph No. 2 of the plaint. This house admittedly belongs to Ramanlal Manaklal, who let-out the upper storey of this house to appellant No. 1 Chandrasen on a monthly rent of Rs. 32/-. Besides the monthly rent, the tenant also agreed to pay Rs. 0.75 per month as latrine-tax. Later on, Ramanlal Manaklal sold this house to respondent Murarilal on March 27, 1971. The appellant No. 1 Chandrasen neither paid nor tendered rent after August 8. 1970 to Ramanlal Manaklal and after the sale on March 27, 1971 to the respondent Murarilal: The respondent served notice to quit terminating the tenancy with effect from August 9, 1971. Ultimately when no rent was paid by the appellant No. 1 the respondent filed a suit out of which this appeal arises, for eviction and arrears of rent against the appellant No. 1. The respondent also impleaded appellant No. 2 Vasudev, father of appellant No. 1 as it was alleged that appellant No, 1 had sublet the premises to his father Vasudev.

(3.) The respondent claimed the eviction of the tenant, appellant No. 1, on three grounds. Firstly, that the tenant committed default in payment of rent for more than six months; secondly, that the tenant sub-let the suit premises to his father Vasudev; and thirdly, that he required the premises for his own residence reasonably and bona fide.