LAWS(RAJ)-2015-12-95

BALDEV KUMAR Vs. CHIRANJI LAL AND ORS.

Decided On December 09, 2015
BALDEV KUMAR Appellant
V/S
Chiranji Lal And Ors. Respondents

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -plaintiff in a suit for eviction against the judgment and decree dated 22.02.1996 passed by the learned Additional District Judge No. 2, Sriganganagar in Civil Appeal Decree No. 13/1991 "Chiranji Lal v/s. Baldev Kumar" by which, the learned First Appellant Court has set aside the judgment and eviction decree dated 11.09.1991 in relation to the issues No. 2 and 6 passed by the learned Civil Judge, Sriganganagar in Civil Original Suit No. 125/1987 "Baldev Kumar v/s. Chiranji Lal" by which, the learned Trial Court had decreed the eviction suit of the plaintiff -Baldev Kumar on the ground of bona fide need of the plaintiff.

(2.) The aforesaid eviction suit was decreed by the learned Trial Court on 11.09.1991 in favour of the plaintiff on the ground of bona fide need of the suit shop in question in the following manner: - -

(3.) Being aggrieved by the judgment and decree dated 11.09.1991, the defendant -tenant has filed the first appeal before the learned first appellate court of Additional District Judge No. 2, Srigangangar which was allowed on 22.02.1996, while reversing the findings of the learned Trial Court, in the following manner: - -