MYADI Vs. RATNI

JUDGEMENT

(1.) This second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 17th February, 1994 passed by the Additional Civil Judge, Jhunjhunu allowing Civil Appeal No.21/1991 (10/1991) against the judgment and decree dated 29th January, 1991 passed by the Munisff & Judicial Magistrate, First Class, Navalgarh whereby dismissing Civil Sut No.66/1979.

(2.) Briefly stated, the facts are that the plaintiff-respondent filed a suit for ejectment on 20.12.1979 against Banshidhar who died during the pendency of the suit on the ground of default and necessity for his son. It was, inter-alia, averred in the plaint that the suit shop was let-out on rent @ Rs. 16/- per month and a rent-note was executed on 1.9.1976 for a period of 11 months.

(3.) The defendant in his written statement denied the submissions made in the plaint and it was, inter-alia, averred that regular payments were made and no default was committed. It was also averred that the suit was filed to harass and there was no personal necessity accrued to the plaintiff. It was also averred that in fact ancestors of the plaintiffs Ram Buxji constructed a temple of Laxmi Nathji along with a small house and nine shops which were given to temple and out of the income of the shops the management of the temple was being done. It was also averred that the plaintiff had only l/4th share in the alleged shop and the suit was liable to be dismissed on account of nonjoinder of parties and non-joinder of Murti Mandir in the suit.