MOHAN LAL Vs. ROOP KISHORE

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 15.9.2012 passed by Additional District Judge, Rajgarh, Distt. Alwar in Civil Regular Appeal No. 6/2008 confirming the judgment and decree dated 25.8.2008 passed by Civil Judge, Junior Division, Rajgarh in Civil Suit No. 272/1993 whereby both the courts below have decreed the suit for eviction in relation to shop in question.

(2.) The brief facts leading to filing of this second appeal are that plaintiff -respondent filed a suit for eviction against Prabhu Dayal, deceased defendant -tenant on the ground that tenant has converted the shop into Godown for storing the vegetables and also on the ground of reasonable and bona-fide necessity of Ramakant grand-son of plaintiff for carrying the business of selling seeds. The appellants defendant filed a written statement that they have not changed the user of the shop and denying the necessity of Ramkant, suit was decreed by the court below and appeal has also been dismissed, hence this second appeal.

(3.) Heard the learned counsel for the parties on admission and perused the judgments and decree under appeal.