SITA DEVI Vs. REKHA BAI

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 11.2.2005 passed by Additional District Judge No.1, Ajmer in Civil Regular Appeal No. 53/97 whereby the appellate court has affirmed the judgment and decree of the trial court dated 28.1.97 passed by Civil Judge (J.D.), Ajmer in Civil Suit No. 217/93 by which suit for eviction has been decreed.

(2.) The short facts of the case leading to filing of this appeal are that plaintiff respondent filed a suit for eviction stating therein that the appellant is a tenant in the shop for a rent of 250/- per month. He has made default and plaintiff also needed the premises for her son Raju who is unemployed and wants to start the business of repair of radio and TV. The appellant defendant filed a written statement controverting the facts and need of Raju. After hearing the parties, the suit has been decreed on personal necessity and comparative hardship and appeal has also been dismissed, hence this appeal.

(3.) Heard the learned counsel for the parties and perused the judgments and decree under appeal as well as original record of the case.