JAGANNATH PRASAD Vs. SURESH CHAND

JUDGEMENT

(1.) The instant second appeal, under Sec. 100 of the Code of Civil Procedure, arises against the judgment and decree dtd. 26/5/2017, passed in Civil Regular Appeal No.159/2016 by the Court of Additional District Judge No.3, Bharatpur, whereby and whereunder first appeal, filed by defendant-respondent against the judgment and decree dtd. 19/8/2000, passed in Civil Suit No.11/2000 by the Court of Additional Civil Judge (Senior Division) No.3, Bharatpur, was allowed and consequentially application for restoration of possession filed by evicted tenant came to be dismissed.

(2.) Heard counsel for appellants, perused the impugned judgments and record.

(3.) It appears from record that initially in respect of three shops in question, in Civil Suit No.08/1969, an eviction decree was passed against tenant-Jagannath Prasad @ Jaggi Ram and his borther Surajbhan, on the ground of bona fide and reasonable necessity of rented shops to respondent-landlord and that eviction decree attained finality in second appeal vide judgment and decree dtd. 15/9/1987. In pursuance to the eviction decree, rented shops have been vacated and possession was delivered to respondent-landlord in May, 1988.