NARAIN DAS Vs. RAM MANOHAR

JUDGEMENT

(1.) The instant civil second appeal under Sec. 100 of C.P.C. has been preferred by and on behalf of plaintiff-landlord-appellant assailing the judgment and decree dtd. 26/2/1999 passed in Civil First No.24/1995 by the court of Additional District Judge No.2, Jaipur City, Jaipur whereby and whereunder while allowing the appeal, filed by respondent-tenant, the first appellate court has set aside the judgment and decree dtd. 30/3/1995 passed in Civil Suit No.6/1970 (22/1994) by the court of Additional Civil Judge (Jr. Division) No.1, Jaipur City, Jaipur decreeing the plaintiff's suit for eviction on the ground of bona fide and reasonable necessity of the rented shop for his son, after comparing comparative hardships between the landlord and the tenant and consequently, the civil suit for eviction has been dismissed.

(2.) Heard learned counsel for appellant at length, perused the judgments and record.

(3.) It appears from perusal of record that initially notices of this second appeal were issued to the respondent-defendant-tenant vide order dtd. 13/5/1999. Respondent-Defendant-Ram Manohar put in appearance through advocate. Thereafter, having heard learned counsel for both parties, Co-ordinate Bench of this Court vide order dtd. 1/9/2006 admitted this appeal for consideration on the following substantial question of law:-