LILA RAM Vs. LR S OF SULEMAN

JUDGEMENT

(1.) HEARD learned counsels for the parties.

(2.) THE defendant-appellant (tenant), Lila Ram S/o Lichmanji, has filed the present second appeal being aggrieved by the concurrent eviction decree granted by the two courts below in favour of plaintiff-respondents, legal representatives of original plaintiff- Suleman S/o Rustamji. The learned trial court of Munsif Magistrate No.1, Jodhpur in Civil Suit No.9/1982- Suleman Vs. Lila Ram, decreed the suit filed on 03.10.1980 in respect of shop No.24 situated at "Pokaran Haveli", Ghasmandi Road, Jodhpur on the ground of personal and bonafide necessity of plaintiff-landlord for doing business of iron smith in that shop. The defendant-tenant was carrying the business of making caps in the suit shop measuring 6.5' x 10'. The rent originally fixed was Rs.100/- per month. The first appeal filed by the defendant-appellant being Civil Appeal No.10/1990- LR's of Suleman Vs. Lila Ram, came to be dismissed by the learned lower appellate court of Additional District Judge, No.3, Jodhpur on 15.10.1990 upholding the findings of learned trial court and ordered eviction.

(3.) THEREFORE, in the considered opinion of this Court, the substantial question of law, framed above, deserves to be answered in negative and against the tenant-appellant and in favour of plaintiffs-respondents; and it is held that findings of the lower appellate court below on Issue No.1 are not vitiated on account of the alleged admission of the plaintiff, Suleman in his statement, which were recorded on 16.09.1985.