LRS OF MAGA RAM Vs. GULAB

JUDGEMENT

(1.) THE present appeal of defendants LRs. of Maga Ram is directed against the judgment and decree dtd.5.8.2011 passed by the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur in Civil Appeal decree No.7/2010 � Smt. Gulab and ors. V/s LRs. of Maga Ram whereby the learned lower appellate court allowed the appeal and set aside the judgment and decree dtd.18.10.2010 passed by the learned Additional Civil Judge (J.D.) No.2, Jodhpur in Civil Original Suit No.161/2000 � Smt. Gulab and ors. V/s LRs. of Maga Ram whereby the learned trial Court dismissed the suit for eviction filed by the respondent � plaintiff in respect of suit premises situated at Station Road, Jodhpur.

(2.) THE learned counsel for the appellant submitted that appellante � tenant Maga Ram's son Dinesh was in Dubai for last 10 years prior to death of his father on 8.7.2000, but whenever he used to come to India, he used to help his father in the business and used to sit in the disputed shop. He further submitted that after death of his father Maga Ram, Dinesh started business in the suit shop.