GIRDHAR LAL Vs. LRS OF SURAJ NARAYAN

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal to challenge judgment dated 20th of September, 2016, passed by Addl. District Judge No.1, Bikaner (for short, 'learned lower appellate Court'). The learned lower appellate Court, by its judgment affirmed the judgment and decree for eviction dated 18th of May, 2007, passed by Addl. Civil Judge (Senior Division) No.2, Bikaner (for short, 'learned trial Court').

(2.) The facts, in brief, giving rise to this appeal, are that at the threshold one Suraj Narayan filed a suit for eviction and recovery of arrears of rent against appellant before learned trial Court. In the suit, essentially, the landlord pleaded the grounds default in payment of rent, reasonable and bona fide necessity, material alteration and denial of title by the appellant. It is also pleaded in the plaint that despite determination of tenancy by a valid notice, appellant tenant has not vacated the premises. By pleading all these grounds the landlord craved for passing a decree for eviction and recovery of arrears of rent against the appellant-tenant.

(3.) The suit is contested by appellant by filing written statement, while refuting all the averments made in the plaint. The appellant took shelter of an oral agreement-to-sale with the earlier landlord in respect of rented premises and also pleaded for his preferential right in the suit property. Appellant, in the written statement, also refused to acknowledge plaintiff Suraj Narayan as his landlord for countering the ground of default in payment of rent. An objection about maintainability of suit on the anvil of Section 111(d) of the Transfer of Property Act, 1882 was also incorporated in the return.