RAJ KUMAR Vs. SHANTI PRASAD

JUDGEMENT

(1.) THIS is tenant's second appeal against the decree and judgment dated August 24, 1998 of learned Additional District Judge No. 3, Jaipur City reversing the decree and judgment dated February 1, 1996 of Civil Judge (Jr. Dn.) (East) Jaipur City. The parties shall be referred hereinafter, in the manner, they were arrayed in the suit.

(2.) CONTEXTUAL facts depict that the plaintiff instituted a suit in the court of Civil Judge (Jr. Dn.) (East) Jaipur City for recovery of rent and eviction in regard to tenanted premises on the grounds of bonafide necessity, nuisance and change of user. It was pleaded in the plaint that the premises was let out only for stitching work but the tenant started selling ready made garments. The defendant by installing counter in the chowk, created nuisance. The plaintiff also pleaded that the shop was required by him reasonably and bonafidely. The defendant refuted the averments made in the plaint and asserted that the suit shop was let out for the purpose of stitching and selling the clothes. The plaintiff did not have reasonable and bonafide necessity of the shop and the defendant never created nuisance. On the basis of pleading of parties as many as ten issues were framed. The Trial Court decided issues Nos. 2, 3, 4, 5, 6 and 7 against the plaintiff and while giving the benefit of first default to the defendant dismissed the suit vide judgment and decree dated February 1, 1996. Learned appellate court however decided the issues regarding change of user and nuisance against the defendant and allowed appeal of the plaintiff vide judgment and decree dated August 24, 1998. The reversal finding of learned first appellate court has been assailed by the defendant in the instant second appeal.

(3.) FOR these reasons, instant appeal being devoid of merits stands dismissed without any order as to costs. .