- (1.) This S.B. Civil second appeal has been filed by the Union of India through - 1. Chief Post Office through Superintendent, Post Office, Churu 2. Director General, Postal Department , New Delhi 3. Secretary, Indian Postal Department, Govt. of India, New Delhi 4. Post Master General , Posts & Telegraph Department, Sardar Patel Marg, Jaipur and 5. Post Master, Sub- Post Office, Patel Chowk, Sadulpur, District Churu, against respondent Shri Satyanarainji Temple Religious Trust, Sadulpur, District Churu being aggrieved by the order of the Addl. District & Sessions Judge, Rajgarh,District Churu dated 30.04.2011 passed in civil first appeal No.19/2010 by which the learned appellate court affirmed the order of the learned Civil Judge (Junior Division), Rajgarh in civil original suit No.34/2002 by which the learned trial court passed the decree of eviction against the appellant of the suit property.
(2.) The necessary facts giving rise to this appeal are that respondent plaintiff filed a suit for eviction of the first floor of the building belonging to plaintiff Trust, which was let out to the appellant defendants on rent of Rs.450/- per month and a lease was executed between the parties on 01.01.1999 for three years i.e. upto 31.12.2001. There was a clause in the lease agreement regarding renewal of lease agreement. This clause contains the condition that appellant defendants were required to inform the plaintiff respondent by three months notice, before expiration of the lease term. The plaintiff respondent while filing the suit for eviction pleaded that appellant defendants did not serve any notice to the plaintiff for renewal of lease, therefore, plaintiff terminated the said lease by giving a notice to them. Plaintiff served a notice under section 106 of the Transfer of Property Act, 1884 and section 80 of C.P.C. on 12.01.2002 to the defendants.
(3.) After terminating the tenancy of the appellant, plaintiff filed a suit for eviction. The appellant defendant filed a written statement and the trial court framed the3 following five issues:- XXX XXX XXX The appellant examined 2 witnesses PW/1 Laxminarain Sharma and PW/2 Ramavtar Sharma. The respondent examined two witnesses DW/1 Moola Ram and DW/2 Mohar Singh in favour of the written statement. After hearing both the parties the learned trial court passed a decree to vacate the suit property. Being aggrieved by that judgment and decree, the present appellant filed first appeal before the Addl.Distrtict & Sessions Judge, Rajgarh who vide the impugned order dismissed the appeal of the appellant. Mr.Dinesh Mehta in this case has entered caveat on behalf of the respondent and copy of the memo of appeal has been served upon him.;