- (1.) The present second appeal has been filed by the Landlady Smt. Kamla Devi wife of Shri Rameshwar Lal Bhadada, aggrieved by the judgment and decree of the courts below, seeking the eviction of the defendanttenant M/s. Bajrang Saw Mills, a Partnership Firm. The brief facts leading to the present second appeal, are as under:
(2.) The present suit for eviction was filed by the Landlady Smt. Kamla Devi on 17.05.1974 seeking eviction of the tenant M/s. Bajrang Saw Mills from the plot of land, which was given on rent under the Rent Note executed vide Ex.4 on 12.11.1968 by the Partners of the defendantfirm, Shri Ajay Goyal and Shri Shanker Lal Somani in favour of Shri Rameshwar Lal Bhadada the husband of the present appellant plaintiff. Inter alia, in the said rent note, it is stated in Clause 3 that, at the time of giving back the vacant possession of Nohara (disputed land), the tenant will not claim anything on account of the cost, if any, incurred by them on the said plot of land. The eviction was sought by the Landlady Smt. Kamla Devi claiming that on 31.03.1973, the suit premises the plot of the land, fell to her share in partial partition of the family. The suit was filed, inter alia, on the grounds of default in payment of rent, the material alternation on the suit property and for bonafide need of the Landlady. She also claimed in para 7 of the plaint that she had terminated the lease / tenancy of the defendant tenant on 15.10.1973 by the notice dated 17.10.1973.
(3.) The learned Trial Court of Munsif and Judicial Magistrate, I Class, Bhilwara by its judgment and decree dated 16.05.1980 dismissed the suit No.154/1974 and inter alia held on Issue No.3 that the construction on the plot of land in question was done with the concurrence and acquiescence of the then Landlord Shri Rameshwar Lal Bhadada, who was living only 700 Meters away from the suit premises and Clause 3 of the Ex.4 Rent Note also indicated that the construction in question was done with the consent of the Landlord.;