- (1.) This is a defendant-tenant's second appeal arising out of a Suit for ejectment from bungalow No. B 6 situated in the campus of the Mayo College Ajmer and also fur arrears of rent and future rent/mesne profits as also for water charges.
(2.) The plaintiff, Secretary, Mayo College, General Council, Ajmer, filed the suit on 4th September, 1967 alleging that by resolution No. 14 dated 25th February, 1967 the General Council had decided to start a Preparatory School, and also to take steps to get the Staff quarters at Alwar Gate Ajmer, vacated from the present occupants for the said purpose. It was alleged that the bungalow No. B-6, which was in occnpation of the defendant, as tenant of the plaintiff, was reasonably and bona fide required for educational purposes by the plaintiff. Besides the agreed rent at the rate of Rs. 75/- per month, water charges at the rate of Rs. 8/- per month were also claimed. So far as the claim for rent is concerned, there is no dispute. The two points of dispute between the parties are: (1) that the premises are not required reasonably and bonafide by the plaintiff and in any case, under the law, the plaintiff is not entitled to get a decree for ejectment; and (2) that the plaintiff is not entitled to get any decree for water charges. After recording the evidence produced by the parties, the learned Munsiff, Ajmer City (East), Ajmer, by his judgment dated 13th April, 1971 decreed the plaintiff's suit and the appeal filed by the defendant was dismissed by the Additional Civil Judge, Ajmer. Hence, this second appeal.
(3.) So far as the water charges at the rate of Rs. 8/- per month are concerned, leraned Counsel for the respondents submitted that looking to the petty amount, he would not oppose the appellant's request for setting aside the decree for water charges at the race of Rs. 8/- per month.;