RAM BABU Vs. PADAM CHAND

JUDGEMENT

(1.) BOTH these second appeals arising out of suits filed by the respondents, who are common in both the appeals, raise common questions for consideration and, therefore, they are being disposed of by this common judgment.

(2.) S. B. Civil Second Appeal No. 21/1985 arises out of Civil Suit No. 266/1979 filed by the respondents against the appellant, Ram Babu, for his eviction from a shop situate at Tonk. Appellant Ram Babu is in occupation of the said shop as a tenant since 1968 on a monthly rent of Rs. 45/- per month and he is running a Ration shop in the premises.

(3.) SIMILARLY in Civil Suit No. 226/79, the Munsiff and Judicial Magitrate Tonk, by his judgment dated 21st Sepetember, 1981 found that the defendant Ramt Babu is a tenant under the plantiffs and that the suit premises were let out to him by Bahadur Mal Dasot on the basis of the statement of Padam Chand P. W. 1 and Roshan Lal P. W. 2 who proved the rent-note (Ex. P-1), as well as the contention made by Shri Manzoor Alam, learned counsel for the defendant in that suit, that the defendant was tenant in the suit permises under the plaintiffs. As regards the reasonable and bonafide personal necessity and comparative hardship the Munsiff recorded the same findings as were recorded by him in Civil Suit No. 225/79 and hold that the plaintiffs had succeeded in establishing that the suit premises are required reasonable and bonafide by the plaintiffs and that the plantiffs Would suffer greater hardship as compared to the defendant. The Munsiff also found in favour of the plaintiff on the issue of material alteration and held that the said alteration was not made by Ratan Chand Dasot as claimed by the defendant but was made by the defandant himself and the said alteration was a material alteration. The Munsiff, therefore, passed a decree for eviction, against the defendant in this suit also.