LRS OF BASHIR KHAN Vs. MADHUSUDAN

JUDGEMENT

(1.) The instant second appeal is filed by the alleged legal representatives of Bashir Khan to challenge judgment and decree dtd. 27/9/2017 passed by Additional District Judge, Merta (for short, 'learned first appellate Court'). The learned first appellate Court, by the impugned judgment and decree affirmed judgment and decree dtd. 17/12/2014 passed by Civil Judge, Merta (for short, 'learned trial Court') decreeing the suit of respondent- plaintiff for arrears of rent of eviction.

(2.) It is not in dispute that at the threshold, respondent-plaintiff filed a suit for eviction and recovery of arrears of rent against original defendant Bashir Khan before learned trial Court, precisely on the ground that a valid notice for terminating tenancy under Sec. 106 of the Transfer of Property Act, 1882 was given to the tenant and despite termination of tenancy, he has not handed over the possession. It is also prayed in the suit that tenant may be asked to pay mesne profit for use and occupation of the rented premises from the date of termination of tenancy at the rate of Rs.2,500.00 per month.

(3.) The learned trial Court on the basis of pleadings of the rival parties settled six issues for determination, and finally recorded its finding that tenancy has been rightly terminated, and consequently, decreed the suit.