PARAS RAM Vs. JASWANT SINGH

JUDGEMENT

(1.) HEARD learned counsels for the parties.

(2.) THE defendant � tenant � appellant has preferred the present second appeal under Section 100 of Civil Procedure Code aggrieved by the judgment and decree of the eviction granted by the learned appellate court below of learned District Judge, Bhilwara in Appeal No.14/2000 � Jaswant Singh vs. Parasmal, reversing the decree of learned trial court dated 30.11.1999 dismissing the eviction suit No.113/1995 � Jaswant Singh vs. Parasmal.

(3.) LEARNED counsel for the appellant � defendant, Mr. Sajjan Singh urged that need of the plaintiff was not established as the plaintiff - Jaswant Singh himself failed to appear in the witness box though despite his illness in the form of epilepsy, he could come to the court and his son has admitted this fact and in the absence of his presence before the trial court, the bonafide need of the plaintiff � respondent could not be established by PW-1 Arvind Kumar, the son for whose need, eviction was sought.