- (1.) This appeal is directed against the judgment and decree dated 18/12/1995 passed by District Judge, Sawaimadhopur in Civil Suit No.15/1993 whereby, the suit filed by the plaintiff-appellant for arrears of rent, damages and eviction was dismissed.
(2.) The facts giving rise to this appeal in brief that the appellant filed a suit for ejectment, rent and damages wherein the appellant alleged that the defendant No.6 (deleted by the trial Court) took the shop in question on rent from the appellant for defendant No.5 - Sahkari Upbhokta Bhandar Sawai Madhopur (respondent No.1 herein) on rent @ Rs.400/- per month vide registered Rent Note dated 06/03/1980 and took possession thereof on the same day. It is alleged in the suit that defendants caused damage to the suit property. The appellant served a legal notice upon the Administrator of Sahkari Upbhokta Bhandar Sawai Madhopur defendant No.4 (deleted by the trial Court) for paying compensation of Rs.20,000/-. It is further alleged in the plaint that neither the defendants are paying the rent nor paying compensation towards the damage caused to the suit property. Hence, on the ground of default in payment of rent and causing damage to the suit property, the defendants are liable to ejectment from the suit shop. During the pendency of the suit, appellant filed an application in the court below for deletion of the names of defendants No.4 and 6 that application was allowed by the court below and names of both the defendants were deleted from the array of the defendants. Despite service of notice, none appeared on behalf of the defendants No.1, 2, 3 and 5 and hence, the proceedings were initiated ex-parte qua them. The appellant thereafter examined himself as PW1 and got exhibited 7 documents.
(3.) The court below dismissed the suit filed by the appellant vide impugned judgment and decree dated 18/12/1995. Hence, this appeal.;