JAHARUDDIN Vs. MOHAMMED LUKAMAN

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant against the judgment of the learned Additional District Judge No 2, Jodhpur dated November 18, 1992 by which he has dismissed the appeal tiled against the judgment dated March 10, 1992 of the learned Munsiti, Jodhpur City, decreeing the suit against him for his ejectment.

(2.) THE plaintiff respondent filed a suit for ejectment against the defendant on the ground of reasonable and bona fide necessity of the suit shop for the business of his son Mohammed Sadique. After framing necessary issues and recording the evidence of the parties, the learned Munsiff, Jodhpur City decreed the suit and the appeal filed against it by the defendant-appellant was dismissed as said above.

(3.) IT was lastly contended by learned counsel for the defendant-appellant that the defendant-appellant may be given two years' time for vacating the suit shop as in these days it is very difficult to get a shop on rent and his well established business would be ruined if he is forced to vacate the suit shop within a short time. The judgment of the trial Court shows that the suit was filed in the year 1988 and it was decreed on 10. 03. 92. The appeal was decided on 18. 11. 92. This early disposal of the suit and appeal could be possible only due to the cooperation of the learned counsel for the defendant-appellant, Shri R K. Thanvi, Advocate. No useful purpose would be served in issuing notice to the plaintiff respondent for this purpose. This request of the learned counsel for the defendant- appellant deserves to be accepted.