- (1.) The appellants-defendants, Smt. Nirmala Devi and others (who are the legal representatives of original-tenant, Hotchand Dadlani) have filed this first appeal under Section 96 of Code of Civil Procedure, 1908, aggrieved by the judgment and eviction decree dated 17.03.2005 passed by learned Additional District Judge, Abu Road, District Sirohi in Civil Original Suit No. 59/03- Tulsi Devi Vs. Nirmala Devi & Ors. , which was filed by the plaintiff-landlady, Smt. Tulsi Devi W/o late Sh. Bhagwati Prasad Chorsiya.
(2.) The plaintiff-respondent-landlady filed the suit seeking eviction of the defendants, who are the legal representatives of original tenant, Hotchand Dadlani, from the suit premises, which is a residential house, situated in "Baghicha Colony", Abu Road of which the tenant was in possession of three rooms, latrine and bathroom on the first floor of the said house. The eviction suit was filed by the plaintiff-landlady on the ground of default in payment of rent. The tenancy in question was terminated by notice under Section 106 of the Transfer of Property Act Ex. 3 dated 01.08.2003, which was duly received by the defendants-tenants on 06.08.2003. The original tenancy was created on 07.05.1994 on rent of Rs. 1,400/- per month and as per Rent-note Ex. 1 executed, after every two years, Rs. 100/- was to be increased in the rent. The lease was originally given to Hotchand Dadlani, husband of the appellant No. 1 Smt. Nirmala Devi and father of appellants No. 2 to 4, namely, Harish, Pradeep, Renu and Padma.
(3.) The present suit was filed by the plaintiff-landlady on 18.09.2003, which was tried by the learned trial court of Additional District Judge, Abu Road, District Sirohi and after taking the evidence on record in the form of PW. 1 Vijay Kumar (son of the plaintiff-landlady and power of attorney holder of plaintiff), and documentary evidence in the form of Power of Attorney as Ex. 1, Rent-Receipts for 07.07.2002 to 06.08.2002 as Ex. 2, Copy of Notice to Quit dated 01.08.2003 as Ex. 3, Reply to the said notice as Ex. 4 and rejoinder to reply of notice as Ex. 5 and Registered AD Receipts as Ex. 6. On behalf of defendants, DW. 1 Harish S/o Hotchand was examined by the learned court below.;