MADAN LAL Vs. RAM SUKH

JUDGEMENT

(1.) THE instant Second Appeal has been filed by defendant- appellant Madan Lal against the judgment and decree dated 11.2.94 passed by Addl. District Judge, Chittorgarh upholding the judgment and decree passed by Munsiff Magistrate, Chittorgarh in Original case No. 31/1980.

(2.) THE learned trial Court has decreed the suit on the ground of sub- letting as well as on the ground of default in payment of monthly rent whereas in appeal the learned lower appellate court has set aside the finding of sub- letting recorded by learned trial court and maintained its decree on the ground of default in payment of rent.

(3.) IT is pertinent to mention that after provisional determination of rent under sub-sec. (3) of Section 13 of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as Act No. 17 of 1950) the defence of tenant-defendant-appellant was struck off by learned trial court on 12.8.81. An appeal was preferred against striking off defence by tenant- defendant-appellant which was also dismissed by the learned lower appellate Court on 11.2.94.