S BAHADUR Vs. D N SHARMA

JUDGEMENT

(1.) This special appeal has been filed by the defendants, who are tenants, against the judgment of the learned single Judge of this Court in civil first appeal No. 73/82.

(2.) Learned District Judge, Jaipur, City Jaipur passed a decree of eviction on the ground of bona fide and reasonable necessity under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The defendants contested the suit and six issues were framed. Evidence was recorded by the trial court and after recording of the evidence the trial court in a detailed judgment held that the plaintiffs have succeeded in proving that they required the premises for their reasonable and bona fide need.

(3.) Aggrieved by the judgment of the learned District Judge, first appeal was filed before this Court. According to the proceedings before the learned single Judge, the appeal was taken up for consideration on 2nd July, 82. On this date the court further directed that the execution would remain stayed. The appeal was then taken up on 7th July, 82 and 12th July, 82. It appears that on 12th July, 82 after hearing the parties, record of the lower court was summoned. The record was then received and the case was taken up on October 11, 1982 and the Hon'ble Judge observed that this case is likely to take same time and, therefore, it must be put up for admission on some other date. On 12th November, 82, counsel for the appellant prayed for time and the case was adjourned. Again it was adjourned on 28-11-1982. On 4-1-83 again the counsel for the appellant prayed for time. On 10-1-83 both the parties prayed for time. Ultimately, arguments were heard on 27th January, 83 and as the hearing could not be completed, it was kept part-heard. It was further taken up on 31-1-83. On 31-1-83 the appellant Shri S. Bahadur and respondent Shri D. N. Sharma both were present in person with their Counsel. Their statements were recorded and then the appeal was dismissed as withdrawn. However, an undertaking was given by the tenant-appellant to deliver vacant possession of the premises to the landlord on or before June, 30. 1983 and nay the arrears or damages for use and occupation on or before February 15, 83. The undertaking was accepted.