SHANKAR LAL Vs. MOHANI BAI

JUDGEMENT

(1.) The present second appeal filed by the appellant plaintiff is directed against the judgment and decree dated 24.12.2011 of learned Additional District Judge, No.1, Bhilwara in Civil Appeal No.16/2004 Smt. Mohani Bai vs. Shankar Lal reversing the judgment and decree dated 06.04.2004 of learned Civil Judge (Jr.Division), East, Bhilwara in Civil Original Suit No.72/91 Smt. Mohani Bai vs. Shankar Lal and Heman Das for declaration, possession and arrears of rent in respect of the suit premises a shop situated at Bhopalganj, Bhilwara.

(2.) Learned counsel for the respondent plaintifflandlord informed the Court that in execution of the Appeal Decree dated 24.12.2011, the possession of the suit premises a shop in question, has already been handed over to the plaintiff respondent. The decree was on the ground of bonafide necessity of the landlord. The trial court dismissed the suit, but the appellate court reversing the judgment and decree, decreed the eviction suit.

(3.) Having heard learned counsel for the parties, this Court does not find any substantial question to be arising in the present second appeal. Accordingly, the present second appeal is dismissed. Since the possession has already been taken, the second appeal of tenant has otherwise also become infructuous. Copy of this judgment be sent to both the courts below and parties concerned forthwith.