RAJEEV Vs. BHANWAR SINGH

JUDGEMENT

(1.) THIS second appeal filed by the plaintiff -appellant/landlord is arising out of the judgment and decree dated 27.05.1992 passed by the first appellate court of learned Civil Judge, Banswara in Civil Appeal No. 07/1991 "Bhanwar Singh Vs. Rajeev" reversing the judgment and eviction decree dated 28.01.1991 passed by the Munsiff & Judicial Magistrate, First Class, Banswara in Civil Suit No. 83/1986 -Shri Rajeev Vs. Shri Bhanwarsingh, decreeing the suit for eviction filed by the plaintiff -appellant/landlord in respect of the suit shop in question situated at Mahatma Gandhi Chikitsalaya, Bansawa City on the grounds of default in payment of rent and material alterations in the shop without the consent of the landlord.

(2.) THE relevant findings of the learned courts below are quoted below for ready reference: -

(3.) ON the other hand, the learned counsels Mr. Aript Bhoot and Ms. Arpita Bhoot appearing for the defendant -respondent/tenant have supported the impugned order passed by the learned appellate court, reversing the judgment and decree passed by the learned trial court decreeing the suit for eviction in favour of the plaintiff -appellant/landlord. In support of his submissions, Mr. Arpit Bhoot relied on the decision of this Court in the case of Shyamlal Vs. Ramdeo Kolyawat (S.B. Civil Second Appeal No. 102/1998 -decided on 22.09.2015)