- (1.) Challenge in this appeal is to the judgment and decree dated 17th March, 1993 passed by Additional District Judge, No. 1, Ajmer, who reversed the judgment and decree dated 15th September, 1987 passed in Civil Suit No. 83./80 by Munsif Magistrate, Nasirabad and allowed the appeal of plaintiff-respondent decreeing the suit in his favour and against the appellant-defendant.
(2.) Skipping unnecessary details, the facts of the suit, in nub, are stated thus: The plaintiff-respondent claiming to be the owner of the suit premises, sought eviction of the appellant-defendant therefrom, on the ground of his personal bona fide need. The suit premises comprises of two rooms etc. The rent of the suit premises is Rs. 25/- per month. The averment of the respondent-plaintiff is that he has been living in a rented house along with his wife, one daughter; studying in B.A. First Year, two sons; studying in x and VIII standard and his brother Om Prakash, who got recently married. The plaintiff also alleged that one room on first floor in the suit premises was in his possession but the appellant-defendant broke the lock and encroached upon that room. He further alleged that the appellant-defendant has not been paying the rent also, thus, committing default in payment of rent.
(3.) The appellant defendant denied all the allegations and stated them to be untrue. He submitted that he had been in possession of the suit premises for the last 4-5 years and had been regularly paying its rent. He never committed any default in payment of rent. So far as the story of encroachment is concerned, the appellant defendant called it to be concocted one, which was baseless. With regard to the bona fide necessity of the suit premises for living, the defendant-appellant submitted that his brother Om Prakash was in the employment of Rajasthan State Road Transport Corporation at Ajmer and he was living at Ajmer only. The appellant himself had a large family and in case, he was evicted from the suit premises, he would suffer comparatively more hard-ships than that of the plaintiff.;