MOHD AAMIN Vs. ASHOK GAHLOT & ANR

JUDGEMENT

(1.) The appellant-defendant has filed the present second appeal being aggrieved by the judgment and decree dated 18.05.1995 passed by learned Additional District Judge No.1, Jodhpur in Civil Appeal No.58/94- Mohd. Aamin Vs. Ashok Gahlot & Anr., whereby the learned lower appellate court below while dismissing the appeal of the appellant-defendant, affirmed the judgment and eviction decree dated 19.04.1994 of learned trial court of Munsif & Judicial Magistrate, Jodhpur City, Jodhpur in Civil Original Suit No.105/90- Ashok Gahlot & Anr. Vs. Mohd. Aamin.

(2.) The plaintiffs-respondents, filed a suit before the learned trial court for recovery of arrears of rent and ejectment of the shop No.4, situated inside Merti Gate, Jodhpur, alleging therein that the suit shop initially was let out to the appellant-defendant in the year 1978 at a monthly rent of Rs.41/- per month, which rent was later on increased to Rs.70/- per month. The plaintiffs also claimed that the shop is required for making a way in their house as the existing way has fallen in the share of their brother, namely, Vijay Singh.

(3.) The learned trial court after hearing the parties vide its judgment and decree dated 19.04.1994 decreed the plaintiffs' suit for eviction. Against the eviction decree, the appellant-defendant preferred first appeal before the learned first appellate court, which appeal also came to be dismissed by the learned lower appellate court vide its judgment and decree dated 18.05.1995. The appellantdefendant thereafter preferred this second appeal before this Court challenging the concurrent judgments and decrees of the courts below on 19.08.1995.