AAMNA Vs. THAKURJI SHRI KRISHAN BIHARI NADIRJI VIRAJMAN

JUDGEMENT

(1.) Appellants-defendants-tenants have preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 3/9/2002 passed in Civil First Appeal No.32/1999 by the Court of Additional District Judge No.2, Jaipur City, Jaipur, affirming the judgment and decree for eviction dtd. 2/9/1999 passed in Civil Suit No.518/1976 by the Court of Additional Civil Judge No.5, Jaipur City, Jaipur whereby and whereunder the civil suit for rent and eviction filed by respondent-plaintiff-temple Shri Krishan Bihari Nadirji Virajman, has been decreed on merits.

(2.) This second appeal is required to be considered on the substantial questions of law formulated by the Co-ordinate Bench of this Court vide order dtd. 4/10/2006 which, read as under:-"(I)Whether when the tenancy was composite for residence and for commercial purpose then a decree of eviction can be passed on the ground contained under Sec. 13(1)(J) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950?"

(3.) In order to appreciate both substantial questions of fact, it is necessary to re-capitulate the facts of case arising out of the pleadings and material available on record which are as under:-