Jitendra Ray Goyal, J. - (1.) A decree for eviction, upholding availability of grounds of sub -letting and reasonable and bonafide necessity under Sections 13(1)(e) & (h) of the Rajasthan Premises (Control of Rent & Eviction), Act, 1950 (in short the Act) was passed in favour of the appellant -plaintiff -landlord (hereinafter shall be referred as plaintiff) and against respondent -tenant (hereinafter shall be referred as defendant) by learned Munsif, Shrimadhopur. First appeal preferred by the defendant has been allowed by the Additional District Judge, Neem Ka Thana and decree of the trial Court was set aside. Aggrieved from the judgment and decree of the First Appellate Court this appeal has been preferred by the plaintiff under Section 100 of the Code of Civil Procedure (in short CPC).
(2.) BRIEF facts of the case are that plaintiff filed a suit for rent and eviction of the suit shop with the averments that suit shop was on rent with the defendant since 20.05.1969 at the rate of Rs. 25/ - per month but defendant did not increase the rent in accordance to the terms of the agreement and despite of several notices, did not vacate the suit shop. That the disputed shop has been damaged and furthermore defendant entrusted the suit shop to some another person. The defendant in his written statement denied the case of the plaintiff and stated that plaintiff time to time served upon him the notices with the intention to increase the rent and he, as per the wishes of the plaintiff, increased the rent. That no rent is due upon him. He also denied about the allegation of sub -letting and having caused any damage to the suit shop.
(3.) INITIALLY the Act was not applicable in Shrimadhopur which was extended and made applicable on 05.07.1977. Thereafter plaintiff got the plaint amended and the ground of personal and bonafide need for his son and for himself has been incorporated.;