LAWS(RAJ)-2012-7-122

JEEV RAJ Vs. OM PRAKASH

Decided On July 06, 2012
JEEV RAJ Appellant
V/S
OM PRAKASH Respondents

JUDGEMENT

(1.) The defendant-tenant has filed this second appeal aggrieved by the judgment and decree of eviction by the first appellate court of Additional District Judge No.2, Jodhpur Metropolitan in Civil Appeal No.23/2009 - Om Prakash vs. Jeevraj dated 23.05.2011 reversing the judgment and decree of trial court dismissing the eviction suit No.177/2000 - Om Prakash vs. Jeevraj on 22.04.2009.

(2.) The decree of eviction has been given on the ground of reasonable and bonafide necessity of the landlord Om Prakash in respect of his shop measuring 9x12 ft. situated at prominent commercial area of Jodhpur at 1 st B Road, Sardarpura, Jodhpur.

(3.) The case for eviction set up by landlord Om Prakash was that after the death of his father Jay Narayan on 22.11.1986, under an oral family partition dated 22.01.1987, the suit shop fell in his favour and at the time of such partition, he was working as a tailor with his brother in another shop under the name and style of M/s. Free India Tailors, but upon partition, his brother ousted him from the said shop and therefore, he became unemployed and consequently, he required the suit shop for starting his own business as a tailor.