HASMUKH LAL Vs. MUNNI LAL

JUDGEMENT

(1.) THE appellant-plaintiff, Hasmukh Lal has filed present second appeal being aggrieved by the judgment and decree of the first lower appellate court dated 21.11.1990 allowing the first appeal of the defendant- Munnilal S/o Babulal, who is now represented by his legal representatives, and reversing the judgment and decree of the learned trial court decreeing the eviction suit No.119/1975 on 07.09.1983, inter- alia, on the ground of material alteration of the suit premises.

(2.) THE defendants-respondents, legal representatives of original defendant- Munnilal were served by substituted service by way of publication of notice in the local newspaper and after such service effected vide office report dated 05.01.2006, none has appeared in this Court on behalf of respondents-tenants. The following substantial question of law was framed by a coordinate bench of this Court vide order dated 20.03.1991:-

(3.) CONSEQUENTLY, the present second appeal of the plaintiff-landlord is allowed and the judgment and decree of the first appellate court dated 21.11.1990 is set aside and that of the trial court is upheld. The findings of the courts below that conversion of "well" into "septic tank" amounted to material alteration are affirmed and the respondents-defendants are directed to be evicted from the suit premises.