DEV KISHAN Vs. NAND PRAKASH AND ORS.

JUDGEMENT

(1.) The appellant/defendant/tenant, Dev Kishan S/o Uda Ram, has filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908, in this Court on 09.03.2015 aggrieved by the eviction decree granted by learned Additional District Judge No.1, Sri Ganganagar, vide judgment and eviction decree dated 08.12.2014 in the first appeal filed by the plaintiff/respondent No.1 being Civil Appeal No.36/1996, Nand Prakash v. Lajwanti & Anr., in respect of suit shop situated in Sri Gangangar, ad-measuring 11'' x 12'' reversing the judgment and decree dated 17.08.1995 passed by learned Addl. Civil Judge (Jr. Division) No.1, Sri Ganganagar, in Civil Original Suit No.176/1988, Nand Prakash v. Lajwanti & Anr., whereby the suit filed by the plaintiff/respondent for eviction under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, hereinafter referred to as 'Act of 1950'), was dismissed.

(2.) The learned trial court of Addl. Civil Judge (Jr. Division) & Judicial Magistrate, First Class No.1, Sri Gangangar, vide its judgment and decree 17.08.1995 after evaluating the evidence of the parties, proceeded to dismiss the suit filed by the plaintiff while giving following findings: <JUDIMG>1640418-1</JUDIMG>

(3.) Being aggrieved by the rejection of suit for eviction, the plaintiff/respondent filed first appeal. The first appeal filed by the plaintiff/respondent came to be allowed by the learned first appellate court vide judgment and decree dated 08.12.2014 giving the following findings while reversing the judgment and decree of the learned trial court with the following observations and findings: <JUDIMG>1640418-5</JUDIMG>