DULI CHAND Vs. KUMUD SETHI

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 29.7.2009 passed by the Additional District Judge (Fast Track) No.2, Ajmer in Civil Appeal No.44/2006 whereby the judgment and decree dated 3.3.2006 passed by the Additional Civil Judge (Junior Division) and Judicial Magistrate No.3, Ajmer in Civil Suit No.318/1998 has been up-held.

(2.) BRIEFLY stated, the facts for the disposal of the present second appeal are that the plaintiff respondent filed a suit for eviction against the appellant alleging therein that the property described in paragraph 1 of the plaint was let out to the appellant by the husband of the plaintiff. The defendant-appellant attorned the tenancy in favour of the plaintiff and the rent was paid up to 30.6.1995 and thus default was committed. It was also alleged that the plaintiff is in bonafide of the suit premises for the purpose of business of jwellery. The suit was filed in the year 1996.

(3.) IN case the appellant fails to deposit or pay mesne profits consecutively for two months or violates above conditions, then the plaintiff-respondent shall be at liberty to get the decree executed without reference to the court.