(1.) THE defendant-tenant has filed this appeal against the judgment and decree of eviction passed by learned Additional District Judge No. 8, Jaipur City, Jaipur on 21.2.2002. THE parties in this appeal would be referred as arrayed in the plaint.
(2.) THE relevant facts in brief are that the plaintiff- respondent filed a civil suit for eviction on 12.8.1998 with the averments that the suit house No. H3, Chitranjan Marg, C-Scheme, Jaipur was let-out to the defendant in the year 1962 on monthly rent of Rs. 265/-. Present rate of rent is Rs. 2000/- per month. THE plaintiff sought eviction on the grounds of reasonable and bonafide requirement, material alterations, assigning, sub- letting or parting with the possession of some parts of the suit premises giving the details with regard to each of the grounds of eviction.
(3.) I have heard learned counsel for the parties and have gone through the entire evidence. On the basis of the submissions made before this Court following points arise for consideration:- (i) Whether the decision of the Trial Court with regard to issues No. 1 to 3 relating to reasonable and bonafide requirement, comparative hardship and partial eviction is justified ? (ii) Whether the decision on issue No. 5 on the point of sub-letting, assignment or parting with the possession of the portion of the suit house is justified ? (iii) Whether the decision on issue No. 4 with regard to material alterations is justified ? (iv) Whether the plaintiff was estopped on the basis of the acquiescence and waiver in seeking the eviction ?