PANNALAL Vs. PUNARAM AND OTHERS

JUDGEMENT

(1.) The defendant-petitioner has filed this revision petition under Sec. 115 Code of Civil Procedure against the order dated 20.3.1995 passed by the learned Addl. Civil Judge (Junior Division) No. 2, Jodhpur whereby the application filed by the petitioner under Order 14, Rule 5, Code of Civil Procedure was rejected.

(2.) The plaintiffs non-petitioners filed a suit for ejectment and arrears of rent on the ground of reasonable and bona fide personal necessity. It was also pleaded by the plaintiffs that the defendant-tenant neither tendered nor paid any rent for the last more than six months.

(3.) The defendant-tenant-petitioner admitted that he is the tenant in the suit shop but the shop was let out to him by Karnaram in the year 1957 as Karta of the Hindu Family. However on 19.7.1995, a new rent note was got executed, which is a registered document and by virtue of that new rent note, he became the tenant of Mishirilal who is also one of the legal heirs of deceased Karnaram. The defendant also denied that the plaintiffs have got any reasonable and bona fide personal necessity. It was further averred that the defendant ever committed any default in payment of rent and he is regularly paying the rent to Shri Mishirilal, in whose favour, the rent note was executed. The defendant also prayed that if the plaintiffs are entitled to receive the rent, the same may be determined.