For Appellant(s) : Mr. M. M. Ranjan, Senior Adv. assisted
by Mr. Rohan Agarwal, Adv.
For Respondent(s) : None Present
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date of Judgment 23/04/2025
The present appeal has been filed by the appellants-
defendants (for short ‘the defendants’) against the judgment and
decree dated 25.02.2008 passed by the Additional District Judge
No.2, Alwar (for short ‘the appellate court’) in Civil Appeal
No.63/2002, whereby the appellate court allowed the appeal filed
by the plaintiff-respondent (for short ‘the plaintiff’), set-aside the
judgment and decree dated 16.07.2002 passed by the Additional
Civil Judge (Junior Division) No.2, Alwar (for short ‘the trial court’)
in Civil Suit No.154/1989 by which the trial court dismissed the
suit filed by the plaintiff and decreed the plaintiff’s suit against the
defendant on account of default in payment of rent.
[2025:RJ-JP:16858] (2 of 4) [CSA-131/2008]
Brief facts of the case are that the plaintiff filed a suit for
eviction and arrears of rent against the defendant-Lalluram to the
effect that the defendant had taken the suit property on rent from
adoptive father of the plaintiff 32 years ago from the date of filing
the suit on monthly rent of Rs.7/- per month. After the death of
plaintiff’s adoptive father, the defendant continued to pay the rent
of the suit property to the plaintiff after April, 1980. In the last, he
paid the rent to the plaintiff in March, 1988 and thereafter from
April, 1988, he did not pay any rent and committed default in
payment of rent. It was further alleged that the said suit premises
was let out on rent for godown but it was being used for
residential purposes.