LAXMI HARDWARE STORE Vs. SHRI MADHUSUDAN

JUDGEMENT

(1.) By concurrent judgments the two courts below have decreed the suit for eviction of the shop in question situated at Chopasani Road, Jodhpur in favour of plaintiff-respondents and the defendant-tenant has filed the present second appeal being aggrieved of the said judgments and decrees.

(2.) THE first appellate court dismissed the defendant's appeal by impugned judgment dated 17/1/2008 affirming the judgment and decree of learned trial court in suit no. 35/2000 which was rendered on 29/4/2004. The original suit was filed in the year 1988 and was registered as suit no. 359/88. The decree has been given by both the courts below on the ground of personal bona fide necessity of the plaintiff-landlord.

(3.) LEARNED counsel for the defendant-appellant Mr. R.R. Nagori also vehemently urged that the first appellate court did not pass the judgment while rejecting the appeal of defendant in terms of Order 41 Rule 31 CPC as the issues raised before the appellate court were not formulated as points for determination and no reasons for decision thereon have been assigned by the learned appellate court and, therefore, not only the judgment under appeal deserves to be set aside by the finding of personal bona fide necessity of the plaintiffs as well as relationship of the parties as landlord and tenant have been arrived at without evidence on record or evidence beyond the pleadings of the parties and, therefore, judgment under appeal deserves to be set aside. Mr. Nagori, relied upon several decisions of this Court as well as Hon'ble Supreme Court which will be shortly referred to hereinafter. Mr. Nagori also urged that he had filed written arguments before the first appellate court which the first appellate court has failed to consider and appreciate in the correct perspective and he has also filed written arguments before this Court besides making lengthy oral arguments.