SACHCHINDANAND GARG Vs. GOVINDLALJIMAHARAJ NATHDWARA

JUDGEMENT

(1.) THIS is an appeal against the Judgment and decree passed by the Third Additional District Judge, Gwalior, dated 13-3-1978, which was passed in Civil appeal No. 78a of 1977 which was preferred against the Judgment and decree passed by the Fourth Civil Judge, Class II, Gwalior in Civil Suit No. 120a of 1963 Original Civil, on 26-4-1977.

(2.) THE facts giving rise to this appeal are that the plaintiff-respondent landlord filed a suit for eviction from residential accommodation against the defendant-appellant on the ground that the defendant-appellant has purchased a house in the name of his wife situated at Daulatganj, Lashkar, The plaintiff-respondent verbally told the defendant that he has purchased a house and as such he should vacate the disputed premises. Further, it was also stated that the defendant has damaged the cement sheets and has caused loss to the plaintiff. It was further stated by an amendment in the plaint that the defendant has opened a window in the suit house towards the Dharmashala. A notice regarding all these facts was given on 29-3-1963 to the defendant and for termination of tenancy also. As the suit premises were not vacated by the defendant, the present suit is filed.

(3.) THE defendant denied the plaint allegations and asserted that he has not purchased any house. The house which is purchased by his wife is not a Benami transaction. It was her own house and as Shakuntaladevi, the wife is a blind woman, she cannot look after her affairs. Because of this, her husband, that is, the defendant, is collecting rent on her behalf. Further, it was stated that the alleged house which is purchased by his blind wife, is not suitable for his residence. Regarding damaging the residential portion, he denied all the allegations. On the contrary, he stated that the defendant-tenant has spent Rs. 65/- in making repairs in the house and it was agreed by the landlord that this amount will be adjusted towards the arrears of rent. Further, it was stated that the notice for eviction sent by the landlord is waived because the landlord has accepted rent for subsequent months and, therefore, the landlord has accepted the defendant as his tenant and waived the notice of termination of tenancy.