CHOTHILAL Vs. MOORTI KAILA DEVIJI

JUDGEMENT

(1.) This civil second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 29.11.1995 passed by the Additional District Judge, Karauli in Civil Appeal No. 4/1993 whereby the judgment and decree dated 14.12.1992 passed by the learned Munsiff, Karauli in Civil Original Suit No. 191/1978 has been reversed and the suit for rent and eviction filed by the plaintiff against the defendant-appellant has been decreed.

(2.) Briefly stated the facts for the disposal of the present second appeal are that a suit for ejectment was filed in the year 1978 on behalf of the plaintiff through holder of general power of attorney of the trust. In the plaint, it was, interalia, averred that the defendant-appellant was tenant of the plaintiff's premises is situated in town Karauli measuring about 69' x 65'. A rent-note was also executed on 26.11.1968 and was signed by the defendant-appellant. It was also averred that the monthly tenancy was determined on 26.10.1978 by serving a notice upon the defendant-appellant. Since the defendant-appellant did not pay the arrears of rent, therefore, he was liable to pay arrears of rent for three years i.e. From 1975 to 1978. The rented piece of land was required for the construction of a dispensary. The defendant despite notice has not vacated the premises. A prayer in the suit was made for arrears of rent from 1975 to 1978 and also ejectment of the defendant-appellant from the suit premises.

(3.) The defendant-appellant contested the suit and it was the stand in the written statement that the land in dispute was of the defendant and plaintiff was not the landlord and there was no relation between the plaintiff and defendant as landlord and tenant.