SRI KISHAN Vs. SMT. SHANTA AAZAD

JUDGEMENT

(1.) THIS civil second appeal has been preferred by appellant -defendant Sri Kishan against respondent -plaintiff Smt. Shanta Aazad being aggrieved by the judgment and decree dated 14.10.2011 passed by learned Additional District Judge, Gulabpura in Civil Appeal Decree No. 14/2011, whereby the learned lower appellate court dismissed the appeal filed by the appellant -defendant and affirmed the judgment and decree dated 29.11.2010 passed by learned Civil Judge (Junior Division), Gulabpura, District Bhilwara, whereby the learned trial court decreed the suit of the respondent -plaintiff for eviction.

(2.) The brief facts of the case are that the respondent -plaintiff filed a suit for eviction against the appellant -defendant. It was averred in the plaint that the appellant -defendant has been inducted as a tenant in the suit premises, which is a garage type room with tean -shed roof. The rate of rent was fixed as Rs. 500/ - per month. It is further averred in the plaint that the appellant has sublet the suit premises to his son and further for the period from August 1994 to September 1996, the appellant -defendant has committed default in payment of rent.

(3.) ON the basis of the pleadings of the parties, the learned trial court framed the six issues. After recording the evidence of the parties and hearing the arguments, the learned trial court decided the issues and vide the judgment and decree dated 29.11.2010 decreed the suit for eviction. Being aggrieved by the judgment and decree passed by the learned trial court, the appellant -defendant preferred an appeal before the learned lower appellate court. The learned lower appellate court dismissed the appeal vide the judgment and decree dated 14.10.2011.