LODHA, J —This is a defendants second appeal arising out of a suit for eviction and arrears of rent.

2. One Awani Kumar Mukerjee owned two shops Nos. 66 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 Mukerjee 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 defendants 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 defendants father became a statutory tenant. It is further alleged that after the death of defendants father Devi Sahai, the defendant continued to occupy the premises in question in the capacity of a tenant. The plaintiffs case is that he requires the shops for his bonafide and personal necessity as he himself was residing in a rented house and was paying rent @ Rs 75/- per mensem and consequently h

Click Here to Read the rest of this document