SHYAMLAL Vs. RAMDEO KOLYAWAT

JUDGEMENT

(1.) THE appellant/defendant/tenant has filed the present second appeal aggrieved by the reversal of dismissal of eviction suit by the first appellate court by judgment and eviction decree dated 29.01.1998 of learned Additional District Judge No. 2, Bikaner, inter -alia, on the ground of change of user and material alteration in the suit property, a shop situated at K.E.M. Road, Bikaner.

(2.) THE learned trial court had dismissed the eviction suit returning both the findings in favour of defendant/tenant and against the landlord/plaintiff on Issues No. 3 and 4 in the following manner: -

(3.) AGGRIEVED by the aforesaid judgment and eviction decree, the defendant/tenant approached this Court by way of present second appeal, which was admitted by a coordinate bench of this court on 27.03.1998 framing the following substantial questions of law for consideration by this Court, and the eviction of the tenant was stayed by this Court, which stay order is continuing throughout: -