KAPOOR CHAND Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is a second appeal filed by the appellant- plaintiff against the judgment and decree dated 1.6.1984 passed by the learned District Judge, Jodhpur, by which he dismissed the suit of the plaintiff- appellant and allowed the appeal filed by the defendant-respondent against the judgment and decree dated 18.3.1981 passed by the learned Munsif, Jodhpur, whereby the suit of the plaintiff-appellant for eviction of the defendant- respondent on the ground of reasonable and personal 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), was decreed.

(2.) THIS second appeal arises in the following circumstances :-

(3.) THIS Court while admitting this second appeal framed the following substantial question of law on 22.10.1984 :-