RADHA KISHAN Vs. NARAINDAS

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff-appellant (landlord) against the appellant order dated November 15, 1982 of the Additional Civil Judge, Jodpur passed in Civil Appeal No. 21 of 1982, by which he accepted the appeal and remanded the case to the trial Court after framing an additional for fresh decision.

(2.) THE plaintiff-appellant filed a suit against the respondent (tenant) in respect of a shop on March 13, 1978 for arrears of rent and ejectment. The ejectment was sought on the grounds of default and reasonable and bone fide necessity. The suit was contested by the defendants on various grounds by filing a written statement on September 4, 1978. While denying the allegations made by the plaintiff in the plaint other pleas were also raised. The learned Munsif framed as many as 11 issues inclusive of the relief. The plaintiff examined P.W. 1 Radha Kishan, P.W. 2. Sunil Behari, P.W. 3. Jethmal. P.W. 4. Som Dutt and P.W. 5. Kedardass. In rebuttal, the defendant examined himself as D.W. 1, D.W. 2. Daulat Singh, D.W. 3. Jethanand, and D.W. 4 Kanhaiyalal. Documentary evidence of the parties were also exhibited and proved. The Learned Munsif, by his judgment dated August 1, 1980, recorded the following findings :

(3.) I heard the arguments of the learned counsel for the parties on April 13, 1983 as ordered on February 2, 1983.