GOPAL KRISHAN VYAS, J. - (1.) INSTANT second appeal was filed by defendant appellant late Musaji s/o Abrahim against late Val Chand, respondent- plaintiff. Both defendant Musa and plaintiff Val Chand died during the pendency of this second appeal, therefore, legal representatives of both the parties were taken on record.
(2.) THE appellant preferred this second appeal under Section 100, C.P.C. against the judgment and decree dated 21.08.1982 passed by the District Judge, Dungarpur in Civil Appeal No. 18/80, whereby, the learned first appellate Court reversed the judgment and decree dated 16.04.1980 passed by the Civil Judge, Dungarpur in Civil Original Suit No. 180/72 (12/76), whereby, the learned trial Court dismissed the suit for eviction filed by plaintiff- respondent late Val Chand. According to facts of the case, respondent-plaintiff Val Chand initially filed suit for eviction and payment of arrears of rent in the year 1972. The plaintiff's case was that he owned shop in village Navdera. The said shop was belonging to his uncle Prem Chand. The shop was rented out to Abrahim, father of defendant Musa on monthly rent of 4 Annas under document dated 10.09.1937. After the death of Abrahim, the premises was rented out to Musa on a monthly rent of Re. 1/-.
(3.) AS per the averments made in the plaint, defendants paid amount of rent as Rs. 15/-, Rs. 45 and Rs. 12/-, in all, Rs. 72/- in samwat years 2020, 2023 and 2024. Thereafter, no rent was paid, therefore, the plaintiff who was in need of his premises for reasonable and bona fide necessity terminated the tenancy on 12.09.1972 and filed suit for eviction before the civil Court and prayer was made for decree of eviction of the premises described in para 1 of the plaint.;