KISHAN LAL Vs. SHANKER LAL LAKHARA AND ORS.

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the plaintiff -appellant -Kishan Lal S/o Ram Pal, who had filed an injunction suit against the landlord, for not to evict him without adopting the due process of law, being aggrieved by the judgment and eviction decree dated 14.07.1999 passed by the learned Additional District Judge No. 1, Bhilwara in Civil Appeal No. 12/1999 "Kishan Lal v/s. Shanker Lal & Ors." by which, the learned First Appellate Court had affirmed the judgment and decree dated 28.01.1999 passed by the learned Civil Judge (Senior Division), Gangapur, District Bhilwara in Civil Original Suit No. 45/1991 "Kishan Lal v/s. Shanker Lal & Ors." by which, the learned Trial Court in view of decision of all the issues against the plaintiff, allowed the counter -claim of the defendants and directed eviction of the tenant, the plaintiff -appellant -Kishan Lal from the suit property in question, a house situated at Gangapur, District Bhilwara.

(2.) The plaintiff -Kishan Lal S/o Ram Pal has filed the present second appeal under Sec. 100 of the Code of Civil Procedure aggrieved by the decrees given in favour of the defendants -landlords upon their counter -claim being decreed by the Courts below in respect of the suit property, a kuchcha keluposh house, situated at Gangapur, District Bhilwara which was originally let out by the defendants -Shanker Lal & Khem Raj, both sons of Dalchand Lakhara to the appellant -plaintiff -tenant -Kishan Lal S/o Ram Pal on 14.07.1987.

(3.) The plaintiff -tenant -Kishan Lal S/o Ram Pal filed the aforesaid suit, namely Civil Original Suit No. 45/1991, for injunction with the prayer that he may not be dispossessed from the house in question with the respondents -landlord adopting the due process of law. In the meantime, the said house in question came to be transferred by the defendants Nos. 1 and 2 in favour of the defendant No. 3 -Ramchandra S/o Magna Lakhara.