ROYEES MOHAMMED Vs. LRS OF VAL CHAND

JUDGEMENT

(1.) INSTANT second appeal was filed by defendant appellant late Musaji s/o Abrahim against late Val Chand, respondent- plaintiff. Both defendant Musa and plaintiff Val Chand died during the pendency of this second appeal, therefore, legal representatives of both the parties were taken on record.

(2.) THE appellant preferred this second appeal under Section 100, C.P.C. against the judgment and decree dated 21.08.1982 passed by the District Judge, Dungarpur in Civil Appeal No. 18/80, whereby, the learned first appellate Court reversed the judgment and decree dated 16.04.1980 passed by the Civil Judge, Dungarpur in Civil Original Suit No. 180/72 (12/76), whereby, the learned trial Court dismissed the suit for eviction filed by plaintiff- respondent late Val Chand.

(3.) AS per the averments made in the plaint, defendants paid amount of rent as Rs. 15/-, Rs. 45 and Rs. 12/-, in all, Rs. 72/- in samwat years 2020, 2023 and 2024. Thereafter, no rent was paid, therefore, the plaintiff who was in need of his premises for reasonable and bona fide necessity terminated the tenancy on 12.09.1972 and filed suit for eviction before the civil Court and prayer was made for decree of eviction of the premises described in para 1 of the plaint.