C.M.LODHA, J. - (1.) THIS is defendant -tenant's second appeal arising out of a suit for ejectment and arrears of rent and also for award of mesne profits after the termination of the tenancy.
(2.) ONLY the question of ejectment has been raised before me, and, therefore, I need not advert to the question of arrears of rent and mesne profits. The premises in question which consists of one Chandhani with a balconi facing west, one Tibara, one Chandani facing north, one Mahal two Medies and one room on the roof shown in yellow colour in the plan attached to the plaint were admittedly rented out to the defendant -appellant on 17 -9 -1949 at a monthly rent of Rs. 10/ - by Shrinath Bhat, who gifted the whole house in which the above mentioned apartments are situated to the plaintiff respondent Govindlal by a registered gift -deed, dated 25 -1 -1965. The plaintiff thereafter -served a notice of termination of tenancy and filed the present suit for ejectment from the premises in question on the ground that the same were required reasonably and bonafide for his own occupation as well as for the occupation of his family. The defendant resisted the plaintiff's suit. He denied alleged gift by Shrinath that in favour of the plaintiff and further pleaded that Shrinath Bhat had no right to gift away the disputed property which was an inalienable grant made in favour of Shrinath by the former State of Jaipur. He also denied the requirement of the premises in question by the plaintiff for his own occupation. On the pleadings of the parties the trial court framed five issues. Under issue No. 1 it held that the execution of the gift deed by Shrinath in favour of the plaintiff was proved. Issue No. 2 pertained to the right of Shrinath to gift away the property in question. This issue was struck off by the trial court's order dated 20 -4 -1968. The defendant filed revision from that orders in this Court which was, however, dismissed on a preliminary ground that the revision was not maintainable. Issue No. 3 was with respect to the alleged personal necessity of the landlord. This was decided against the plaintiff, with the result that the suit was dismissed. Issue Nos. 4 and 5 pertain to arrears of rent and relief.
(3.) AGGRIEVED by the judgment and decree by the trial court the plaintiff filed appeal which was allowed by the Additional Civil Judge No. 1, Jaipur City by his judgment dated 25 -10 -1970 and the plaintiff's suit for ejectment was decreed. Consequently, the defendant has come in second appeal to this Court.;