Alok Sharma, J. - (1.) Under challenge in this second appeal is the judgment and decree dated 6.2.2017 passed by Addl. District Judge, Sawai Madhopur in Appeal No. 263/2009 (7/2007) dismissing the first regular appeal under Section 96 CPC filed by the plaintiff and affirming the judgment and decree dated 12.10.2006 passed by Civil Judge (Jr. Division), Sawai Madhopur in Civil Regular Suit No. 74/1995, whereby the suit filed by the plaintiff-appellant (hereinafter 'plaintiff') for recovery of rent and eviction of the defendant-respondent (hereafter the 'defendant') from the suit property was dismissed.
(2.) The facts of the case are that the plaintiff Thakur Ji Ram Chandra Ji Navgrah Ji through its purported Manager Kailash Chand, Hari Shankar sons of Chhitar Mal filed a suit in the year 1995 for recovery of rent and eviction against the defendant before Civil Judge (Jr. Division), Sawai Madhopur. It was the plaintiff's case that forefathers of Kailash Chand and Hari Shankar had a private temple in new Market, Chhatri Bajar, Sawai Madhopur. On the western side of the main gate of the said temple a south facing shop under the ownership and possession of the temple was let out by the plaintiffs to the defendant at the monthly rent of Rs. 60/-. It was stated that the defendant did not pay the rent effective 1.1.1992. Further the defendant was running a confectionery business in the tenanted shop wherefrom nuisance by way of pollution was caused to the detriment of the pilgrims and worshipers visiting the plaintiff's private temple.
(3.) The defendant filed a written statement of denial. It was denied that the shop in their possession was let out by Kailash Chand, Hari Shankar or their forefathers. It was the defendant's case that the suit shop had been let out by Gurjar Gaur (Gautam) Brahmin Samaj to his forefathers and the rent thereof was now being paid by him as the successor to Gurjar Gaur (Gautam) Brahmin Samaj. The defendant altogether denied relationship as a tenant with Kailash Chand, Hari Shankar and stated that they had no right as landlord or otherwise over the suit property. The defendant further stated that Kailash Chand, Hari Shankar had filed a civil suit against him as also the managers of the temple with regard to the suit property, wherein they inter-alia sought the relief of payment of rent to them. With the said suit a temporary injunction application filed had been dismissed.;