SUNIL KUMAR NAGORI Vs. ABDUL SATTAR

JUDGEMENT

(1.) THE present second appeal of appellant - plaintiff landlord is directed against the judgment and decree dtd.26.2.2009 passed by the learned Additional District Judge (Fast Track) No.1, Bhilwara in Civil Appeal No.2/2008, whereby the learned lower appellate Court allowed the appeal of the defendant � tenant and set aside the judgment and decree dtd.22.11.2005 and 3.5.2001 passed by the learned Additional Civil Judge (J.D.) No.1, Bhilwara in Civil Original Case No.319/1993 whereby the suit filed by the plaintiff landlord has been decreed for eviction and mesne profit.

(2.) ON 7.9.1991, the plaintiff Sugan Mal Nagori filed a suit against the respondent � tenant Abdul Sattar for eviction and mesne profit on the ground of bonafide necessity of his adopted son Sunil Kumar in respect of shop situated at Gandhi Bazar, Bhilwara.

(3.) AGAINST the judgment and decree dtd.3.5.2001, the defendant � tenant filed first appeal and the learned Additional Dist. Judge No.1, Bhilwara vide judgment and decree dtd.3.2.2003 disposed of the appeal and remanded the matter to the learned trial Court to decide the issue of adoption of appellant afresh.