SRIJI MAHARAJ (BHAGWAN) Vs. RAMGOPAL AND ORS.

JUDGEMENT

(1.) The plaintiff -appellant -landlord, a Deity known as 'Shree Ji Maharaj (Bhagwan)' through its Pujari, Vijay Narayan Pathak s/o Ratan Lal Ji Pathak has filed the present second appeal in this Court on 13.08.2001, aggrieved by the reversal of the eviction decree dated 06.08.1997 of the learned trial court in Civil Original Suit No. 78/1989 - Shriji Maharaj (Bhagwan) through Priest Vijay Narayan Pathak v/s. Shri Ramgopal & Ors., by the learned appellate court, allowing the defendants' Civil Appeal No. 52/2000 - Shri Ramgopal & Ors. v/s. Shriji Maharaj (Bhagwan) through Priest Madanlal s/o Ratanlal Pathak on 08.05.2001.

(2.) The learned trial court had decreed the eviction suit on 06.08.1997 inter alia filed on the ground of subletting of the demised premises, a Nohra situated adjacent to the Temple of the Deity of Shriji Maharaj (Bhagwan), the landlord, giving the following findings in favour of the plaintiff: - -

(3.) The defendants' appeal came to be allowed by the learned appellate court on 08.05.2001 with the following findings in favour of the defendants -tenants: - -