Prakash Tatia, J. - (1.) Heard learned counsel for the parties.
(2.) The appellants/tenants are aggrieved against the concurrent findings recorded by the two courts below against the appellants in a suit filed for recovery of possession of the suit premises by the respondents/landlords.
(3.) The plaintiffs/respondents filed a suit for recovery of possession against one Shaman @ Chaman and Purshottam on the grounds that the suit property was let out to the defendant no. 1 and he has committed default in payment of rent for the period of 23 months from 21.12.1997 to 21.12.1999 and in view of the above, the plaintiffs are entitled for decree of possession on the ground of default. Another ground for eviction is that the defendants acquired suitable residential accommodation for his residence and also shifted to his new residence. The plaintiffs gave the particulars of the house which is occupied by the defendant no. 1. The third ground for eviction is that the plaintiffs are in need of the suit premises for running their business of medicines as the plaintiff no. 1 retired from service and her daughter-in-law is having qualification to run the medical shop. Therefore, they want to run the medical shop in the property in dispute. Yet another ground for eviction is that the suit property has been sublet to the defendant no. 2. In the trial court, both the defendants submitted written statements separately. According to the defendant no. 1, he paid the rent and, therefore, he is not defaulter as there was no arrears of rent for six months due at the time of filing of the suit by the plaintiffs. The defendant no. 1 submitted that he is karta of his joint family and due to expansion in the family, some of the family members left the house and started living separately. According to the defendant no. 1 at the time of filing suit, the defendants were residing in the house in dispute and the defendant no. 2 is not sub-lettee but he is living as member of defendant no. 1's family. Both the defendants also submit that the plaintiffs have other properties where they can open medical shop.;