SITARAM Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) THE plaintiff-landlord has preferred this second appeal against the judgment and decree dated 18. 7. 2000 whereby learned Additional District Judge No. 1, Sikar while setting aside the judgment and decree of eviction passed by learned Additional Civil Judge (Junior Division), Sikar dismissed the plaintiff-landlord's suit. THE parties in this appeal shall be referred as arrayed in the plaint.

(2.) BRIEFLY narrated the facts are that the plaintiff filed a civil suit on 20. 7. 1985 for arrears of rent and eviction with the averments that the suit shop was let out to the defendant on monthly rent of Rs. 30/ -. The eviction was sought on the grounds of default in payment of rent from 1. 12. 1982, reasonable and bonafide requirement and non-user of the premises by the defendant for last four years.

(3.) FIRST appeal preferred by the defendant-tenant was allowed and cross objections submitted by plaintiff-landlord with regard to decision of the Trial Court on Issue No. 2 were dismissed by learned Additional District Judge No. 1, Sikar vide impugned judgment dated 18. 7. 2000.