RATAN LAL Vs. VINOD KUMAR

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal aggrieved by impugned judgment and decree dtd. 5/1/2019 passed by Addl. District Judge, Bhadra, District Hanumangarh (for short, 'first appellate Court') dismissing his appeal against judgment and decree dtd. 23/5/2017, passed by Senior Civil Judge, Bhadra, District Hanumangarh (for short, 'learned trial Court'), whereby the suit filed by respondent for eviction and recovery of rent against appellant was decreed.

(2.) Brief facts, giving rise to the present appeal, are that respondent-plaintiff filed a suit for eviction and recovery of rent against appellant-defendant stating that the suit property shop, situated in Purana Bazar, Bhadra, was taken on rent @ Rs.1225.00 per month by appellant-defendant. The respondent-plaintiff in the plaint claimed unpaid rent of Rs.34,300.00 from 1/4/2010 to 31/7/2010. It is averred that a notice terminating tenancy was given to the appellant but no reply to the same was given.

(3.) Written statement to the plaint was filed by appellant- defendant refuting the averments of plaint. It is averred by the appellant that shop in question was taken on rent from Tilokchand in the year 1991 @ Rs.4500.00 per annum and he regularly paid the rent. It is further averred that Tilokchand expired in the year 1993 and thereafter he tendered rent to his elder son Ashok Kumar by cheque for the period upto 31/3/2010. According to the appellant-defendant he was not aware of the partition taken place in the family of Tilokchand and though his wife and three sons were co-sharer in the suit shop, the rent was always received by elder son Ashok Kumar but later on he refused. Appellant- defendant challenged the validity of notice on the ground of same being sent only by one of the legal heirs of Tilokchand and shown his willingness to deposit due rent.