BHAGWATI PRASAD Vs. CHHAGAN RAJ

JUDGEMENT

(1.) THE defendant-tenant has filed the present second appeal before this Court under Section 100 of CPC on 10.12.1994 being aggrieved by the eviction decree dated 26.09.1994 granted by the learned first appellate court below of District Judge, Sirohi in Civil Appeal No.9/1990- Chhagan Raj S/o Bhanwar Lal Jain Vs. Bhagwati Prasad S/o Ganpant Lal Agarwal. The learned trial court dismissed the suit for eviction vide judgment and decree dated 20.12.1989 while dismissing the Civil Suit No.57/1989- Chhagan Raj Vs. Bhagwati Prasad but the first appellate court below had reversed the said decree and granted the eviction decree to the landlord and being aggrieved by the same, the present second appeal has been preferred by the defendant-tenant, who is now represented by his legal representatives after his death.

(2.) WHILE admitting the present second appeal, a coordinate bench of this Court vide the order dated 09.01.1995 has framed the following substantial question of law: -

(3.) SECTION 2 (v) of the Act of 1950, defines the word "Premises" as under: