ABDUL REHMAN Vs. BUDHMAL BHOJAK

JUDGEMENT

(1.) This second appeal has been preferred by the appellants-defendants for short "the appellants" against the judgment and decree dated 3.10.1997 passed by ADJ No. 4, Jaipur City, Jaipur in C.R. Appeal No. 9/97 which was preferred before the said appellate court challenging the judgment and decree dated 6.11.1996 passed in suit for eviction filed by the plaintiff-respondent for short "the respondent" against the appellants by which the trial Court decreed the suit for eviction and arrears of rent.

(2.) The suit for eviction was filed by the respondent against the appellants on three grounds i.e.:- (a) default in payment of rent, (b) denial of title and (c) change of user of the suit land for the purpose other than for which the premises were let out. The appellants were earlier tenants of Thakur Bharat Singh, the original landlord who had sold out the Plot No. 15, Parivahan Marg, Jaipur. Thakur Bharat Singh sold the part of the plot to the respondent vide registered sale-deed vide Exh. 1 dated 5.10.1981 by which out of 500 Sq. Yards of land, 367 Sq. Yards of land was sold to the respondent for sale consideration of Rs. 13,884/-.

(3.) From para 9 of the said sale-deed, it is borne out that Vendor (Thakur Bharat Singh) in pursuance of agreement dated 22.10.1978 transferred the aforesaid land in favour of the Vendee (respondent-Budhmal Bhojak). In this manner, that premises came in sole occupation and ownership of the respondent.