SHIV PRAKASH Vs. MAHAVEER PRASAD

JUDGEMENT

(1.) Appellant-defendants have preferred this first appeal aggrieved by impugned judgment & decree dated 20 th of September, 2018, passed by Additional District Judge, Merta, District Nagaur (for short, 'learned Court below'), whereby the suit filed by respondent-plaintiffs for eviction as well as arrears of rent was decreed against appellant-defendants.

(2.) Brief facts, giving rise to the present appeal are that respondent-plaintiffs filed a suit for eviction and arrears of rent against appellant-defendants stating, inter-alia, that the suit property shop situated at Gandhi Chowk, Merta City was taken on rent @ Rs.121/-per month by the appellant-defendants from the predecessor of the respondent-plaintiffs in Samvat Year 2041. It is averred in the plaint that earlier suit bearing Suit No.10/1999 was filed by father of plaintiffs but later on same was withdrawn 10.09.2003 but thereafter rent was not tendered even after making demands time and again as such notice terminating tenancy was given to the appellant-defendants but no reply to the same was given. Written statement to the plaint was filed by the appellant-defendants refuting the averments of plaint. Defendants raised the objection that suit is not maintainable on the ground that the earlier suit was withdrawn 10.09.2003 without any liberty, therefore, the present suit is not maintainable on the ground of res-judicata.

(3.) Learned trial Court, on the basis of pleadings of rival parties, framed issues for determination and thereafter the rival parties tendered ocular as well as documentary evidence. Learned trial Court, thereafter, proceeded to decide the issues and after appreciating evidence available on record decreed the suit filed by respondent-plaintiffs directing the defendants to vacate the shop in question within a period of two months and to handover possession with a direction to deposit Rs.2725/-of due rent from February 2010 to February, 2012 and to pay mesne profits of @ Rs.671/- from March 2012 till possessions of the disputed shop is handed-over to the plaintiffs.