KISHAN Vs. DAYAL DAS CHAWLA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/tenant to this court against the judgment and decree dated 3.2.1997 passed by the appellate court or learned Additional District Judge No. 4. Kota, in Civil Regular Appeal No. 37/1996, whereby the appeal preferred by the appellant against the order of eviction vide judgment and decree dated 9.4.1986 passed by the Judicial Magistrate, First Class, Kota (North) in case No. 123/1997, decreeing the suit of the plaintiff respondent for eviction against the defendant-appellant was upheld.

(2.) The facts which are relevant for deciding the controversy between the parties briefly stated are that on 11.3.1977, the plaintiff filed, a suit for eviction and arrears of rent against the appellant in the trial court of Munsif-cum-Judicial Magistrate. 1st Class, Kota (North), with the averment that the appellant was a tenant of the plaintiff in one of the rooms of his residential house situated in Mohalla Kalpariya,-Nayapura, Kota on token rent of Rs. 5/- per month.

(3.) The plaintiff-respondent sought eviction of the defendant-appellant on two grounds i.e. (i) default of payment of rent since 17.9.1975 and, (ii) denial of-title of the plaintiff/owner of the suit premises and on these two grounds the plaintiff had become entitled to evict the defendant-appellant from the disputed premises in question and had further averred in the plaint that purchased the disputed house on 17-9-1975 from one Shri Hasmat Rai and he was the second owner of the property and he had given due intimation to the appellant-tenant that hence-forth he will be the owner of the property and that by virtue of attornment he become a tenant under him and henceforth he should pay the rent directly to the plaintiff-landlord.