ALOK SHARMA - (1.) BOTH the writ petitions arise in identical background and are thus being decided by this common order. SBCWP No. 316/2012 is the leading case for reference to the necessary facts.
(2.) These petitions have been filed against two similar orders dated 19.12.2011, passed by the Additional District & Sessions Judge (F.T.) No. 2, Beawar, District Ajmer in Civil Suit Nos. 1/2009 and 2/2009 whereby the respondent Nos. 4 to 13 claiming to be the Chairman and Members of the Ganeshji Maharaj Trust, Surajpol Gate, Beawar have been impleaded as co -plaintiffs in suits for eviction laid by the petitioner against the respondent Nos. 1 to 3. The facts of the leading case are that the petitioner -plaintiff (hereinafter 'the plaintiff') filed a suit against non -petitioner Nos. 1 to 3 (hereinafter 'the defendants') for their ejectment and recovery of arrears of rent before the Court of Additional District and Sessions Judge (F.T.) NO. 2, Beawar, District Ajmer. It was stated by the plaintiff that vide rent note dated 26.02.1991, he let out the suit property to the defendants, who had paid rent upto 30.11.2005 but thereafter despite repeated demands by the plaintiff, the defendants had defaulted on the payment of rent. It was stated that in these circumstances, a notice dated 22.04.2008 under Section 106 of the Transfer of Property Act, 1882 (hereinafter 'the Act of 1882') was sent by the plaintiff terminating the tenancy of the defendants and requiring them to hand over the vacant possession of the suit property and also remit arrears of rent. Failure to comply with the notice dated 22.04.2008 in respect both of termination of tenancy of the defendants and to pay arrears of rent entailed the filing of the suit for eviction etc. as aforesaid.
(3.) THE defendants filed written statements to the plaint and admitted the factum of tenancy of the plaintiff, but denied other averments in the plaint and prayed for dismissal of the suit for eviction. Issues were framed and evidence of the plaintiff was recorded. The matter was ripe for taking on record the defence evidence.;