MURLI JOSHI Vs. RADHI DEVI

JUDGEMENT

(1.) The present first appeal under Section 96 CPC has been filed by the appellant-tenant against the judgment and decree dated 17.12.2013 passed by the learned Additional District Judge, Phalodi, District Jodhpur in Civil Suit No. 01/2011 titled as Smt. Radhi Devi v. Murli Joshi whereby the learned Judge has decreed the suit for eviction, recovery of arrears of rent and mesne profit.

(2.) Brief facts of the case are that the respondent-landlord filed a suit against the appellant-tenant for eviction, recovery of arrears of rent in the sum of Rs. 55,400/- and for mesne profit before the learned Additional District Judge, Phalodi, District Jodhpur inter- alia stating therein that she is landlord of shop Nos. 4 and 10 detailed in para-1 of the suit which were given on rent to the appellant- tenant @ Rs. 1,700/- per month. The appellant-tenant is not running business in the said shops for last one year, therefore, respondent-landlord sought to evict the appellant-tenant from the said shops and for this purpose, she sent a notice dated 05.10.2010 through the registered post and through U.P.C. at the shop of the appellant-tenant and at his residential address, terminating the tenancy of the appellant-tenant from midnight of 31.10.2010. A total rent of Rs. 54,400/- of the aforesaid shops for the period from 01.03.2008 to 31.10.2010 i.e total 32 months is also due against the appellant-tenant and after termination of tenancy of the appellant-tenant from midnight of 31.10.2010, the appellant-tenant was a trespasser in the aforesaid shops. The respondent-landlord also prayed for mesne profit @ of Rs. 5,000/- per month.

(3.) Upon service of notice, the appellant-tenant filed his written statement to the suit and denied the averments made therein. It was pleaded that he is not a trespasser in the shops and he is a tenant in the said shop, therefore, prayed for dismissal of the suit.