- (1.) APPELLANTS , officers of the Medical and Health Department of the state, have laid this first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'CPC') to challenge the judgment and decree dated 26.03.2014 passed by learned Additional District Judge, Churu, whereby learned Court below has decreed the suit of the respondent -plaintiff for eviction and arrears of rent.
(2.) THE facts, in brief, are that respondent -plaintiff Trust let out the premises to the Medical and Health Department for running office of Additional Chief Medical and Health Officer, Department of Medical and Health, State of Rajasthan. The tenancy commenced w.e.f. 01.11.1989 and at the relevant time, as per the assessment of Public Works Department, monthly rent at the rate of Rs.4,320/ - was agreed between the rival parties. It appears that there was some acrimony between the parties and a dispute cropped up as to whether monthly rent has been tendered by the appellants -tenant or not, for which defence of the appellants was that the requisite rent was not accepted by the respondent -landlord. Be that as it may, respondentplaintiff decided to terminate the tenancy and a notice thereof under Section 106 of the Transfer of Property Act, 1882 was served on the appellants. After service of notice, suit is filed before the learned trial Court. The suit is contested by the appellants and on the issue relating to arrears of rent and averments contained in the plaint were disputed. As per the version of the appellants, monthly rent at the rate of Rs. 5,400/ - is regularly paid to the respondent -landlord.
(3.) TAKING into account pleadings of the rival parties, learned trial Court framed five issues for determination. After recording evidence of the rival parties, learned trial Court proceeded to decide the suit on evaluation of evidence and materials available on record. Learned trial Court decided crucial issues Nos. 1 and 2 partially in favour of respondent -landlord and against the appellants. The requisite issue, concerning valid termination of tenancy by serving a notice under Section 106 of the Transfer of Property Act, is decided in favour of respondent -landlord by recording a definite finding that notice was validly given as per the provisions of law. Adverting to Issue No. 4, learned trial Court has quantified the amount of mesne profit for use and occupation of the premises with effect from the date of termination of tenancy to the tune of Rs. 5,400/ -per month and declared respondent -plaintiff entitled for recovery of the same. It is also observed by learned trial Court that if any amount is paid against the rent upto July 2011, then the said amount may be adjusted. Finally, learned trial Court decreed the suit for arrears of rent by quantifying the same to the tune of Rs. 1,02,000/ -and also ordered eviction of the appellants from the rented premises. Learned trial Court has also passed a decree that respondent Trust is entitled to mesne profit for use and occupation of the premises @ Rs. 5,400/ -w.e.f. 20.12.2007. The appellants, after laying appeal against the judgment and decree before this Court, which was barred by limitation, vacated the rented premises by handing over possession to the respondent -plaintiff, decree -holder. This Court, while taking cognizance of the statement of learned counsel for the respondent, recorded the same on 09.02.2015 in absence of counsel for the appellants. On the next date of hearing, i.e. on 20.03.2015, at the behest of respondent -plaintiff -landlord an application is submitted, wherein it is stated that the appellants -tenant have not paid arrears of rent amounting to Rs.5,02,784/ -. On the aforesaid application, learned counsel for the appellants sought time to report as to whether arrears of rent has been paid to the plaintiff -landlord in terms of decree. It is also ordered by Court that if requisite amount is not paid on the next date of hearing, Deputy Chief Medical and Health Officer, Churu shall remain present before the Court. Order dated 20.03.2015 is reproduced as under : - "An application has been filed for the respondent -plaintiff -landlord indicating the arrears of rent due from the appellants -defendants -tenant in the sum amounting to Rs. 5,02,784/ - which is not paid so far. The learned counsel Mr. Anil Bissa appearing for the appellants -defendantstenant -Medical and Health Department of the State prays for some time to report the payment of arrears of rent to the plaintiff -landlord in terms of the decree. The possession of the suit property has already been handed over by the defendants -tenant to the plaintifflandlord. If the proof of payment of arrears of rent is not produced before this Court by the next date, the concerned Deputy Chief Medical and Health Officer, Churu shall remain present before this Court. List the matter on 23.04.2015, as prayed".;