MALCHAND Vs. DEEDWANA INDUSTRIAL CORPORATION DEEDWANA

JUDGEMENT

(1.) THE present second appeal of the defendants - tenants is directed against the judgment and decree dtd.5.5.2007 passed by the learned Additional Dist. Judge, Deedwana in Civil Appeal No.34/2002 � The Deedwana Industrial Corporation V/s Mal Chand and anr. whereby the learned Additional Dist. Judge, Deedwana allowed the appeal and set aside the judgment and decree dtd.4.9.2002 passed by the learned Civil Judge (S.D.), Deedwana in Civil Original Suit No.78/2001 � The Deedwana Industrial Corporation V/s Mal Chand and anr. whereby the eviction suit filed by the plaintiff � landlord for eviction and recovery of arrears of rent was rejected by the learned trial Court.

(2.) THE case of the plaintiff � respondent � landlord is that it had given shop in question situated at Sadar Bazar, Deedwana on rent to the appellants � tenants Mal Chand and Mahaveer Prasad on 1.1.1995 at Rs.50/- per month. It was alleged that the defendants have not paid any rent for last six months and therefore, they are defaulter. It was also allged that in the month of February, 2000, the defendants had put a iron shutter gate and furniture in the shop which amounted to material alteration in the suit property. It was alleged in the plaint that the defendants have further sublet the said suit shop to Chandra Prakash Sarda and he has started his business by the name of M/s Tirupati Garments w.e.f. 8.3.2000 and in this regard the plaintiffs produced Ex.3 Invitation card for the inauguration of the said shop and Pamphlet (Ex.4) which does not bear the names of Mal Chand and Mahaveer Prasad, the original tenants, but only of sub-lettee Chandra Prakash Sharda.

(3.) AGAINST the judgment and decree dtd.4.9.2002, the plaintiffs preferred the first appeal and the learned first appellate Court vide judgment and decree dtd.5.5.2007 allowed the appeal on the ground of subletting and directed eviction of the defendants within two months.