ANAND PRAKASH Vs. ABDUL KAYOOM

JUDGEMENT

(1.) This is a defendants-tenants second appeal under Section 100, C.P.C. directed against the judgment and decree April 7, 1981 of the Additional District Judge No. 1, Jodhpur, by which he confirmed the judgment and decree dated July 9, 1979 of the Additional Munsif No. 1 Jodhpur in a suit arrears of rent and ejectment.

(2.) The plaintiffs-respondents instituted a suit for ejectment on the ground of reasonable and bonafide necessary (ground for eviction covered by Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII of 1950) (hereinafter referred to as 'the Act'). The suit was contested by the defendants appellants, Six issues, inclusive of relief, were framed by the learned Additional Munsif. Parties led evidence in support of the issues. The learned Additional Munsif, by his judgment dated July 9, 1979, decided issues No. 1 and 5 in favour of the plaintiffs and against the defendants whereby holding that the plaintiffs have been successful in proving their reasonable and bonafide requirement as well as the balance of convenience (comparative hardship in their favour. The defendants lodged an appeal and the learned Additional District Judge No. 1, Jodhpur concurred with the findings arrived at by the learned Addl. Munsif on the questions of reasonable nd bonafide necessity and comparative hardship. He, therefore, maintained the decree for ejectment vide his judgment dated April 7, 1981. The defendants have filed this second appeal.

(3.) Learned counsel for the parties state that the appeal may finally be deposed of.