RAM SWAROOP Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THE present second appeal of appellant - plaintiff landlord is directed against the judgment and decree dtd.23.9.1997 passed by the learned Additional District Judge No.1, Bhilwara in Civil Appeal No.72/1990 and 5/1994 whereby the learned lower appellate Court allowed the appeal of the defendant � tenant and set aside the judgment and decree dtd.30.11.1993 passed by the learned Munsif Magistrate (West), Bhilwara and judgment and decree dtd.6.9.1989 passed by the learned Additional Munsif Magistrate, First Class No.1, Bhilwara in Civil Original Case No.248/1974 � Ramswaroop V/s Rajendra Kumar whereby the suit filed by the plaintiff landlord has been decreed for eviction and recovery of arrears of rent.

(2.) THE plaintiff Ramswaroop filed a suit against the respondent � tenant Rajendra Kumar for eviction and recovery of arrears of rent on the basis of his bonafide need in respect of shopt situated in Factory Area, Bhilwara. The same was initially given on rent in the month of January, 1970 for Rs.95/- per month.

(3.) AGAINST the judgment and decree dtd.3.10.1989, the defendant � tenant filed appeal and the learned Additional Dist. Judge No.1, Bhilwara vide judgment and decree dtd.4.3.1993 remanded the matter to the learned trial Court to decide the issue of partial eviction.