- (1.) The plaintiff-landlord, Shri Jain Swetambar Terah Panthi Samaj, Merta, has preferred this first appeal under Section 96 CPC being aggrieved by the rejection of its suit for eviction and recovery of arrears of rent and damages by the learned District Judge, Merta vide judgment and decree dated 9/12/1998 dismissing the civil suit No. 14/93 ( Shri Jain Swetambar Terah Panthi Samaj, Merta through its Trustees Ugam Raj and others vs. Vijay Singh s/o Heeralal and Smt. Phooli Devi widow of Heeralal).
(2.) The plaintiff set up the case in the plaint that on 21/6/1977 they purchased the suit premises from Shri Jain Swetambar Mandir Ji (Moorti) Sangh, Merta situated at Lodhon-ki-pol, Merta, Ward No.9 and in the said purchased property, defendant no.1, Vijay Singh and his mother Phooli Devi defendant no.1 were already living as tenants in a portion of the said property. The eviction suit was filed on the grounds of bonafide necessity, material alteration in the suit property and nuisance. As many as 09 issues were framed by the learned trial court covering these grounds of eviction and issue no.5 relating to damages, which were claimed by the plaintiff to the extent of Rs.50,000/- on account of opening of a sewerage pipe ('Nali') on the southern side of the suit property contrary to the terms of the registered sale deed dated 21/6/1977, since on the front of the southern side was a Jain Temple, the seller of the property to the plaintiff.
(3.) Learned trial court by the impugned judgment, after discussing the oral and documentary evidence, has decided all the issues against the plaintiff and dismissed the suit in its entirety and being aggrieved by the same the plaintiff has preferred this first appeal before this Court.;