NOOR MOHAMMAD Vs. BUDHI PRAKASH

JUDGEMENT

(1.) This appeal has been preferred by the defendants appellants Noor Mohd. and another against the Judgment and Decree dated 29.1.98 passed by the learned Additional District Judge, No. 3, Jaipur City, Jaipur in Civil Regular Appeal No. 157/1983, whereby the said appellate court while dismissing the appeal preferred by the appellants against the judgment and decree dated 20.9.83 passed by the learned Additional Munsif and Judicial Magistrate No. 4, Jaipur City, Jaipur in Civil Suit No. 283/1981, confirmed the same.

(2.) The brief facts which are relevant for deciding the present second appeal are that the plaintiff-respondent filed a civil suit for ejectment of the defendant-appellant from the suit shop in question situated at Surajpole Bazar, Jaipur city, Jaipur claiming (a) default in payment of rent (b) reasonable and bonafide personal necessity of the plaintiff landlord to occupy the suit premises in question for the purpose of carrying on business of general merchant in the shop premises as per section (1) (a) and 13(l) (h) (i) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act').

(3.) The suit was contested by the defendants (appellants). It was pleaded by them in the written statement filed before the trial court that they had taken the shop on rent from the father of plaintiff-Shri Syam Sunder Sharma. The averment in respect of default in payment of rent was also denied. It was stated by the defendants that the rent was paid upto 20th August, 1978 to the plaintiffs father or his brother and thereafter the rent was refused inspite of the offer made by them and hence there was no default committed by the tenant as alleged by the plaintiff at all.