GEETA DEVI Vs. SURENDRAMAL MERTIYA

JUDGEMENT

(1.) The appellant/defendant/tenant, having concurrently lost before the two courts below, has filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908, assailing the judgment and eviction decree dated 10.07.2013 passed by learned Additional District Judge No.1, Jodhpur Metropolitan, Jodhpur, whereby the first appeal filed by the appellant/defendant being Civil Appeal No.12/2008- Smt. Geeta Devi Vs. Dr. Surendra Mal Mertiya, was dismissed, affirming the judgment and eviction decree dated 21.05.2008 passed by learned Addl. Civil Judge (Jr. Division) No.3, Jodhpur, in Civil Original Suit No.129/2007, Dr. Surendramal Mertiya Vs. Smt. Geeta Devi, 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 decreed in favour of plaintiff/respondent granting eviction decree with respect to suit shop premises, situated at 10th B Road, Sardarpura, Jodhpur.

(2.) The learned trial court granted eviction decree under Section 13 (1) (f) of the Act of 1950, on the ground of denial of title of the landlord while giving the following finding on Issue No.5 as infra, whereas the ground of bonafide need of suit premises for landlord and the ground of non-user of suit shop were found to be not established: -

(3.) The first appeal filed by the appellant/defendant/tenant also came to be dismissed by the learned first appellate court vide judgment and decree dated 10.07.2013 giving the following findings while affirming the judgment and eviction decree of the learned trial court on the same grounds of denial of denial of title but other issues about bonafide need, non-user of shop still decided in favour of defendant/tenant: - 1637471-4 Sheeta and others Vs. Firm Prahlad Rai Prem Prakash, 2002 AIR(SC) 1264