UMRAO SINGH Vs. SURESH KUMAR AND ANR

JUDGEMENT

(1.) This civil second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dr. 6th July, 2009 passed by the Additional District & Sessions Judge (Fast Track) No. 2, Beawar District Ajmer in Civil First Appeal No. 9/2008 (23/2002) whereby the judgment and decree dt. 24.04.2002 passed by the Civil Judge (Junior Division) Beawar in Civil Suit No. 217/1985 decreeing the suit of the plaintiff-respondent for eviction has been upheld.

(2.) Briefly stated, the facts for the disposal of the present second appeal are that the respondent plaintiff filed a civil suit for eviction from a shop against the defendant appellant before the Civil Court alleging therein that his property No. 5/7 is situated opposite Pandit Market, Diggi Mohalla, Beawar, out of which a shop and a pavement on the road has been let out to the appellant. It was further averred that the shop was let out 15 years back on oral agreement and since the appellant has not paid rent after 6th date of the month of Baisakhsudi of Samvat year 2042 and thereby he committed default. It was also averred that the respondents were in the need of the suit shop for their personal and bonafide need for the business of Suresh Kumar who was living at Ajmer and coming to Beawar to manage his business. It was prayed that the suit be decreed.

(3.) In the written statement filed by the defendant-appellant it was, interdict, stated that there was no default made by the defendant. It was also averred that the respondent were not in need of the premises in question. A prayer was made to dismiss the suit.