BISHAN SINGH Vs. VIRENDRA VERMA

JUDGEMENT

(1.) THIS Second Appeal of the tenant/appellant is directed against the judgment and decree dated 25. 1. 77 passed by the Munsif, Ajmer City (East), in Civil Suit No. 189/72 filed by the Respondents for rent and eviction which has been affirmed by the learned Additional District Judge No. 1, Ajmer vide his judgment dated 8. 10. 87 in Appeal No. 325/86 (134/77 ).

(2.) FACTS of this case are in a very narrow compass. The respondents, filed a suit for rent and eviction against the appellant on 29. 5. 72 in the Court of Munsif, Ajmer City (East ). The main ground for eviction was default in the payment of rent. In the written statement filed by the appellant/defendant on 15. 9. 72, he admitted the factum of himself being the tenant of Respondent/plaintiffs. He denied the allegation of default of payment of rent. The plaint was amended by the plaintiffs with the permission of the court and an amended written statement was filed by the appellant. In this written statement he stated that he is tenant of Suresh Chand Verma, father of the plaintiff/respondents who is the real owner of the premise and there is no privity of contract between the defendant and plaintiff No. l. He further stated that plaintiffs are not the land lord of the suit premises. There exists no valid deed conveying the suit property in favour of the plaintiffs and, therefore, the suit filed is not maintainable. The plaintiffs filed a rejoinder to the amended written statement and in para 1 (a) of the rejoinder the plaintiffs stated that the defendant is estopped from denying the title of the plaintiffs as laid down in section 116 of the Evidence Act. In para 4 of the rejoinder the plaintiffs stated that the defendant has denied the title of the plaintiffs or alternatively has renounced his character as tenant and, therefore, he is liable to be ejected on this ground alone. On the basis of all the pleadings of the parties the learned Trial Court framed as many as nine issues. A sum of Rs. 966. 50 was deposited by the tenant and suit of the Respondents/plaintiffs was dismissed so far as the ground for default was concerned. However, on the basis of evidence of Suresh Chand Verma P. W. 1 and Bishan Singh D. W. 1, the learned Trial Court decreed the suit of the Respondents on the ground of denial of the title of Respondents. The judgment and decree passed by the Trial Court has been affirmed by the learned Lower Appellate Court.