RAMRATAN Vs. BULAKIDAS

JUDGEMENT

(1.) THIS is a second appeal filed on behalf of the appellant-defendant against the judgment and decree dated 11.8.1980 passed by the learned Civil Judge, Bikaner, by which the learned Civil Judge, Bikaner dismissed the appeal of the appellant-defendant and upheld the judgment and decree dated 28.4.1978 passed by the learned Munsiff, Bikaner, by which the learned Munsiff, Bikaner decreed the suit of the plaintiff-respondent for eviction of the defendant-appellant on the ground of reasonable bonafide necessity as envisaged under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act of 1950'). Note :- That during the pendency of this second appeal, the respondent- plaintiff Bulakidas died on 17.8.1995 and, thereafter, his L.Rs. were brought on record on 13.8.1999 in this second appeal.

(2.) THE facts giving rise to this second appeal are as follows :- The plaintiff respondent-Bulakidas now deceased (for future he will be referred as deceased plaintiff) had filed a suit on 11.12.1970 in the Court of Munsiff, Bikaner for arrears of rent and ejectment stating that the defendant-appellant is a tenant in the premises situated at Court Gate in Bikaner and the defendant appellant took that premises on monthly rent of Rs. 30/- and he also executed a rent note Ex.1 on 1.5.1968 in favour of the deceased plaintiff and the deceased plaintiff seeks eviction of the appellant defendant on two grounds -

(3.) THE learned Civil Judge on receiving the order of this Court dated 16th March, 1999, passed an order on 1.6.1999 and held :-