RAMCHANDRA SINGH JHALA,J. - (1.) This second appeal has been filed by the appellant defendant against the judgment and decree dated 21.11.2012 passed by learned Additional District Judge, Abu Road, District Sirohi whereby he has dismissed regular Civil First Appeal No.6/2008 filed by the appellant and affirmed the judgment and decree dated 15.12.2007 passed by learned Civil Judge (Senior Division), Mount Abu in civil suit No.65/2004 was affirmed.
(2.) Brief facts of the case are that the respondent-plaintiff had filed a suit against the appellant-defendant for eviction and payment of arrears of rent before the Civil Judge (Senior Division), Abu Road. It is stated in the suit that appellant-defendant was paying monthly rent of Rs. 200/- and from 30.4.2002, the appellant-defendant is not paying rent, therefore, the respondent plaintiff sent a legal notice through his advocate on 12.5.2004, but in vain. Hence, is prayed that she may be evicted from the suit premises and arrears of rent of Rs. 5,200/- may be directed to be paid to the respondent-plaintiff.
(3.) The appellant-defendant filed written statements and controverted all the facts of the suit and said that she is not tenant of the respondent-plaintiff whereas the said property was in the ownership of her father-in-law and after partition, the said house came in her share. She is regularly residing in the said premises after her marriage. The respondent-plaintiff had wrongly given her notice through his counsel and she prayed to dismiss the suit.;