MOOL CHAND Vs. KANWARLAL

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for ejectment from a house situated in Hira Gali, Ajmer.

(2.) THE plaintiffs case is that they purchased the house in question for their own residence. The defendant challenged the alleged purchase of the property by the plaintiffs on the ground that the purchase was bogus, sham and benami He also took certain other pleas such as invalidity of notice of termination of tenancy, misjoinder of parties and causes of action. The trial court did not frame any issue on the question whether the house in question was teasonably and bonafide required by the plaintiffs for their own residence, and proceeded to trial. In found that the defendant had failed to prove that the notice of termination of tenancy was bad and further that the suit did not suffer from any other technical defect pleaded by the defendant. No evidence was examined on behalf of the defendant and consequently the trial court also found that the defendant had failed to substantiate his plea regarding the sale of the property in favour of the plaintiffs being sham, benami and bogus. The plaintiff Kanwar Lal, however, appeared in rebuttal and on the basis of his evidence the trial court decreed the plaintiffs' suit. The appeal filed by the defendant was dismissed by the Additional Civil Judge, Ajmer. Hence this second appeal.

(3.) IT may be pointed out that the allegation regarding bonafide and reasonable requirement by the landlords, the only ground on the basis of which the suit has been decreed, has not been clearly alleged even in the plaint. The only paragraph on which reliance has been placed on behalf of the plaintiffs in this connection is para 2 of the plaint which reads as under; 2. That as the defendant is well aware the entire building the premises under his tenament forms part whereof has been purchased by the plaintiffs for the use and occupation of themselves and their family who are all joint and who at present are residing at Nasirabad for want of suitable, sufficient and convenient accomodation at Ajmer and who all want to reside here at Ajmer with the plaintiffs in the property so purchased by them.