(1.) This is a defendant-tenant's appeal against the judgment and decree of the Additional District Judge No. 2, Jodhpur dated March 18, 1978 by which, he allowed the appeal of the plaintiff-respondent (Landlord) and set aside the decree of dismissal of the suit for ejectment dated March 20, 1976 passed by the Munsif City, Jodhpur in Civil Original Case No. 375 of 1975.
(2.) A few facts deserve recall here. The plaintiff-respondent instituted a suit for ejectment of the defendant from the premises mentioned in para 2 of the plaint situate in a building described in para 1 of the plaint. The building is situate in Beldaron-ka-bas, Jodhpur. The ejectment was sought on.the.ground that the defendant has denied the title of the plaintiff when Suit No. 425 of 1972, Plaintiff: Balkishan v. Defendant : Shivnarain which is pending trial at present in the Court of Additional Munsif No. 1, Jodhpur. The Suit No. 425/72 is for arrears of rent amounting to Rs. 146.95 p and possession. Para 2 of the additional pleas of the written statement which was filed in that suit reads as under :-
(3.) After trial, the learned Munsif, by his judgment dated March 20, 1972 dismissed the suit of the plaintiff with costs. Being dissatisfied with the dismissal of the suit by the trial Court, the plaintiff went in appeal and the learned Additional District Judge No. 2, Jodhpur, by his judgment dated March 18, 1978 set aside the judgment and decree passed by the trial Court and decreed the suit of the plaintiff for ejectment with costs.
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