NAVEEN KUMAR Vs. ASHOK VAIDHYA

JUDGEMENT

(1.) PLAINTIFF -appellant Naveen Kumar is aggrieved by the reversal of the eviction decree by the first appellate court of ADJ, Phalodi in appeal no. 5/2009 filed by the defendant Ashok son Askaran on 9/2/2010 reversing the decree dated 17/4/2009 passed by the learned trial court in civil suit no. 10/2006 -Naveen Kumar vs. Ashok.

(2.) THE eviction suit was filed in respect of suit shop situated at Phalodi, Jodhpur by terminating the lease by registered notice of the plaintiff dated 15/2/2006 and for handing over the possession of the suit shop in question to the plaintiff and for payment of arrears of rent from 1.9.2005 to March, 2006. The suit was contested by the defendant but the same was decreed by the learned trial court on 17/4/2009 in favour of the plaintiff.

(3.) IN the present appeal, the coordinate bench of this Court framed the following substantial questions of law while admitting the appeal on 5/4/2010: -