LAWS(RAJ)-2004-6-2

HIRA LAL PUKHRAJ Vs. PREM KISHAN

Decided On June 02, 2004
HIRA LAL PUKHRAJ Appellant
V/S
PREM KISHAN Respondents

JUDGEMENT

(1.) THIS is the second appeal by the tenants against the concurrent judgment and decree of eviction. 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 in February, 1977 with the averments that the suit premises situated in the market of Beawar is on rent with the defendant No. 1-firm having the defendants No. 2 to 4 as its partners. Eviction was sought on the grounds of default in payment of rent, reasonable and bonafide requirement of the plaintiff and his family, substantial damage to the premises and nuisance giving the details of each ground of eviction.

(3.) THE first submission made by learned counsel for the defendants-appellants is that the First Appellate Court failed to consider the evidence of the parties as provided under Order 41 Rule 31 CPC, hence the impugned judgment dated 2.9.1998 is liable to be set set aside and the first appeal may be sent back for afresh decision. Reliance is placed upon State of Rajasthan vs. Harphool Singh (dead) through his LRs. (1), Shiv Shakti Coop. Housing Society, Nagpur vs. Swaraj Developers and Others (2), Santosh Hazari vs. Purushottam Tiwari (deceased) by LRs., (3), Rattan Dev vs. Pasam Devi (4), Smt. Patu & Ors. vs. L.Rs. of Dau Lal (5), Kerala Transport Company vs. Shahmanilal Mulchand and Others (6), and Dhurandhar Prasad Singh vs. Jai Prakash University and Others (7).