JAGDISH SINGH Vs. ASHOK GEHLOT AND ORS.

JUDGEMENT

(1.) In this revision petition filed under Sec. 22 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, read with Section 115, C.P.C., the petitioner has challenged order dt. 01.08.2008 passed by Addl. District Judge (Fast Track) No.2, Jodhpur in Civil Appeal No. 34/ 2008, whereby, the appellate Court dismissed the appeal filed by the petitioner against order passed by the Civil Judge (Jr. Dn.), Jodhpur City, Jodhpur dt. 18.11.2.004 in Civil Misc. Suit No. 113/1998.

(2.) Brief facts of the case are that the petitioner being tenant was in possession of shop situated at Ghantaghar, Jodhpur in between two kotha. Suit was filed by Respondent No. 1 against the petitioner for eviction and vide judgment dt. 06.08,1996 the suit was decreed by the trial Court on the ground of bona fide necessity. Said judgment was further upheld by the High Court vide judgment dt. 16.01.1997. Thereafter, as per contention of the petitioner he gave possession of the said shop to Respondent No. 1 owner of the shop.

(3.) The suit filed by Respondent No. 1 was decreed on the ground of bona fide necessity but Respondent No. 1 sold the said shop on 26.02.1998 to Respondents Nos.2 and 3. Thereafter, an application under Sec. 15 of the Act was filed before the Civil Judge (Jr. Dn.) with the prayer that after obtaining the decree on the ground of bona fide necessity, the plaintiff-decree holder has sold the shop, therefore, it is obvious that decree was obtained narrating wrong ground, therefore, the possession of the shop may be restored in favour of the petitioner.