LAL CHAND GOYAL Vs. JEET RAJ TATIA

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree of the learned Additional District judge No. 1, Jodhpur dated September 17, 1968 upholding the judgment and decree passed by the learned Additional Munsiff -Magistrate No. 1. Jodhpur dated May 8, 1968.

(2.) THE facts of the case, in brief, are that Jeet Raj filed a suit for ejectment of the defendant Lal Chand from a garage which constituted the suit property. The contention of the plaintiff was that he required the garage bonafide for himself and his family's personal use and occupation. The suit was decreed by the learned Additional Munsiff on May 8, 1968. The defendant feeling aggrieve d against the judgment and decree of the learned Additional Munsiff tilted an appeal before the learned Additional District Judge No. 1, Jodhpur. This appeal was dismissed on September 17, 1968, and the judgment and decree of the learned trial Court was upheld. The defendant -appellant feeling aggrieved has come up in second appeal before this Court.

(3.) THE learned Counsel appearing on behalf of the plaintiff -respondent contended that the provisions of Section 14(2) of the Act do not apply to the facts and circumstances of the present case. It was contended that the decree for ejectment has already been executed and the plaintiff, respondent has already been put into possession on 12 -5 -1971. It was further contended that the appeal filed by the defendant -appellant has become infructuous as tenant has been defined to mean the person by whom or on whose account or behalf rent is or, but for a contract express or implied would be payable for am premises to his landlord including the person who is continuing in its possession after the termination of his tenancy otherwise than by a decree for eviction passed under the provisions of this Act. The contention of the learned Counsel is that as the defendant -appellant is not continuing in possession of the suit property, he ceases to be a tenant, and as such, the appeal filed by him has become infructuous and rendered non -maintainable.