MADANLAL Vs. MANAKCHAND

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for eviction and arrears of rent.

(2.) ONE Awani Kumar Mukerjee owned two shops Nos. 56 and 57 situated on the station road, Jaipur. Behind these shops there is a latrine and bath room. It is alleged by the plaintiff Manakchand that he purchased the aforesaid property from Awani Kumar Mukherjee on 26 -7 -62 for a sum of Rs. 10,500/ - by a registered sale -deed. Defendant Madanlal was at that time occupying the premises in question as a tenant of Awani Kumar Mukerjee at a monthly rent of Rs. 25/ -, in pursuance of a rent note alleged to have been executed by the defendant's father dated 1st of June, 1953. It is averred in para No. 3 of the plaint that this rent note was for one year and on the expiry of this period of one year the defendant's father became a statutory tenant. It is further alleged that after the death of defendant's father Devi Sahai, the defendant continued to occupy the premises in question in the capacity of a tenant. The plaintiff's case is that he requires the shops for his bona fide and personal necessity as he himself was residing in a rented house and was paying rent at Rs. 75 per mensem and consequently he gave a notice to the defendant dated 8 -8 -62 terminating his tenancy with effect from midnight of 31st August, 1962, or such other date on which the defendant thought that the tenancy expired and required him to vacate the premises thereafter for the occupation of the plaintiff. It was also alleged that the defendant had paid rent upto 31st August, 1962, but had not paid rent thereafter. With these allegations the suit was brought on 28th November, 1962, in the Court of Civil Judge, Jaipur City.

(3.) AFTER recording the evidence produced by the parties the learned Additional Munsif No. 1 Jaipur City, to whom the case had been transferred for trial, decreed the plaintiff's suit for ejectment. Aggrieved by the judgment and decree of the learned Munsif the defendant filed an appeal in the Court of District Judge, Jaipur City, who transferred the same to the Court of Senior Civil Judge No. 2, Jaipur City, who affirmed the judgment and decree of the trial court and dismissed the appeal by his judgment dated 19 -9 -67. Consequently the defendant has come in second appeal to this court.