TILOK CHAND Vs. SAVITRI

JUDGEMENT

(1.) THIS appeal under Section 96 of Civil Procedure Code is directed against the eviction decree passed by the learned Additional District Judge, Nohar in Civil Suit No.23/1983 - Mst. Savitri widow of Mool Chand, by caste Maheshwari and others vs. Tilokchand, Ramswaroop and Ram Kumar all sons of Shiv Prasad in respect of the suit shop � 15 x 8 ft situated at Bikaneria Bazar, Nohar, inter alia on the grounds of bonafide necessity, default and the default in payment of rent. The decree is dated 12.11.1990.

(2.) IN the present first appeal filed by the defendant � tenants on 19.12.1990, Shri Sampat Raj Bhandari, Advocate had appeared initially when the appeal was admitted on 03.01.1991. By the order dated 03.01.1991, it was directed that the appellant-defendants shall not be dispossessed from the suit property in execution of the decree under appeal till March 31, 1991. The said interim order was confirmed by a co-ordinate Bench of this Court in the presence of Shri Sampat Raj Bhandari, counsel for the appellant and Shri Bhagwat Prasad, counsel for the respondents on 05.12.1991.