MOHAN LAL Vs. RADHA KUMARI

JUDGEMENT

(1.) THIS appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 2nd March, 1979, passed by the learned Addl. District Judge No. 3, Jaipur City, Jaipur, in Civil Suit No. 89/1974 (59/1971).

(2.) BRIEFLY stated the facts of the case are that the plaintiff is the owner of Plot No. F -170, situated in Ashok Nagar Gautam Marg, Jaipur. On this plot, there is a building having ten rooms, six on the ground floor and four on the first floor. There is also a garage attached to the building. This building was leased out to Smt. Radha Kumari for the purpose of running a school on on 15th August, 1960, on a monthly rent of Rs. 240/ -. A suit was filed against Smt. Radha Kumari for eviction in the Court of Civil Judge, Jaipur City, Jaipur on 15th February, 1968. The defendant contested the suit and contended that with effect from 1st April, 1965, she was no more a tenant and the tenant is respondent No. 4, Rastriya Vidya Niketan Sikshan Samiti Jaipur. The suit was withdrawn with the permission of the Court to file another suit against respondent No. 4. As such, the present suit has been filed against Smt. Radha Kumari and others, including Rastriya Vidya Niketan Sikshan Samiti, Jaipur. In the suit, eviction has been sought on the ground of personal necessity, subletting and for the purpose of establishing a school by Nand Kishore, son of the plaintiff. The defendant contested the suit.

(3.) THE learned trial Court decided issues No. 1(b), 4(a) (b), 5,7 and 8 in favour of the plaintiff appellant and issues No. 1(a), 2 and 9 in favour of the defendant -respondents. Aggrieved by the judgment and decree dated 22nd March, 1979, this appeal has been preferred.