RAJKUMAR Vs. KABOOTAR KHANA, LADNU

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and decree dated 05.01.2012 passed by Civil Judge (Junior Division) Ladnu, District Nagaur, whereby the learned Magistrate has decreed the suit for eviction in favour of the respondent-plaintiff. The appellant is also aggrieved by the judgment dated 16.08.2012 passed by the Addl. District Judge, Deedwana, whereby the learned Judge has confirmed the judgment and decree dated 05.01.2012 in favour of respondent plaintiff.

(2.) The brief facts of the case are that the respondent-plaintiff, Kabootar Khana, filed a suit through its Manager, Mr. Bajranglal Agrawal for eviction, recovery of arrears of rent and compensation. The respondent-plaintiff claimed that the shop in question had been rented out to the the appellant-defendant. But the appellant-defendant committed default in payment of rent. Thus, a notice for termination of tenancy was given. But the appellant defendant neither vacated the shop nor paid the arrears of rent. The appellant filed a written statement denying the averments made in the plaint and raised objection regarding maintainability of the suit. It was averred that respondent plaintiff concealed the fact about a compromise which was reached between the parties. It was further claimed that the appellant-defendant was always ready and willing to pay the rent. At the same time, the arrears of rent as claimed by the respondent-plaintiff was disputed.

(3.) Both the parties produced their oral and documentary evidence before the learned trial Court. While the matter was posted for final decision, the appellant defendant filed an application under Sec. 151 Code of Civil Procedure seeking permission to make averments in regard to issue No.5 relating to enhanced rent and prayed that his affidavit to this effect may be taken on record. After considering the oral and documentary evidence, vide judgment and decree dated 05.01.2011, the learned trial court dismissed the application filed by appellant-defendant under Sec. 151 CPC. However, it decreed the suit in favour of the plaintiff respondent and directed the appellant-defendant to vacate the suit premises within two months and also to make payment of arrears of rent. Aggrieved by the said judgment and decree dated 05.01.2012, the appellant-defendant filed a first appeal before the learned Appellant Court. By judgment and decree dated 16.08.2012, the learned appellate court partly upheld the judgment dated 05.01.2012 passed by trial Court: it granted relief in the enhanced rate of rent for certain period. Hence, this second appeal before this Court.