RAWAT NATH Vs. MOTI RAM

JUDGEMENT

(1.) The appellants/plaintiffs, who are the legal representatives of original plaintiff, Sh. Rawat Nath, have filed the present second appeal under Sec. 100 of CPC, 1908, in this Court on 26.11.1996, being aggrieved by the concurrent rejection of his eviction suit by both the courts below filed under the provisions Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for brevity, hereinafter referred to as 'Act of 1950').

(2.) The appellants/plaintiffs have assailed the validity of judgment and decree dated 27.09.1996 passed by learned Additional District Judge No. 1, Bikaner dismissing appeal filed by the plaintiff being Civil Appeal No. 25/1988 - LR's of Rawatnath v/s. Motiram (Motilal), whereby the learned first appellate court affirmed the judgment and decree dated 24.09.1981 passed by learned Munsif, Bikaner, in Civil Original Suit No. 539/1972 - Rawatnath v/s. Motilal, whereby the suit filed by the original plaintiff, Sh. Rawat Nath, seeking eviction on the ground of default in payment of rent and bonafide need was dismissed.

(3.) While admitting the present second appeal, a coordinate bench of this Court vide order dated 28.01.1998 framed the following substantial question of law for consideration by this Court: -