BHAWANI SINGH Vs. ACHAL SINGH

JUDGEMENT

(1.) This is a defendant's second appeal under Section 100 C.P.C. directed against the judgment and decree dated March 31, 1981 of the Civil Judge, Jodhpur, by which, he maintained the judgment and decree dated September 8, 1979 of the Munsif City, Jodhpur.

(2.) It is not necessary to state the facts in detail. Suffice it to mention that the plaintiff-respondent instituted a suit for ejectment in respect of the premises described in para 1 of the plaint, inter alia, on the ground of reasonable and bonafide necessity. It was contested by the defendant-appellant. The learned Munsif framed necessary issues arising out of the pleadings of the parties. The evidence was recorded. By his judgment and decree dated September 8, 1979, the learned Munsif decided issues No. 4 and 7 relating to reasonable and bonafide necessity and comparative hardship in favour if the plaintiff and against the defendant and decree the suit for ejectment. The defendant preferred an appeal and the learned Civil Judge, Jodhpur, by his judgment dated March 31, 1981 confirmed the findings of issue Nos. 4 and 7 and maintained the decree for ejectment. Hence this second appeal by the tenant-defendant as aforesaid.

(3.) Learned counsel for the parties stated that the appeal may finally be heard and disposed of.