ACHAL RAJ Vs. ASHIYA AND ORS.

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Civil Procedure Code has been filed by the plaintiff -appellant against the judgment and decree dated 19.03.1996 passed by the learned appellate court of the Additional District Judge No. 1, Jodhpur in Civil Appeal Decree No. 56/95 - LRs of Smt. Aashiya v/s. Achalraj & Ors., reversing the judgment and decree dated 28.09.1995 passed by the learned trial court Civil Judge (Junior Division) & Judicial Magistrate, First Class, Jodhpur City, Jodhpur in Civil Original Suit No. 40/87 - Achalraj v/s. LRs of Smt. Aashiya, decreeing the suit for eviction filed by the plaintiff.

(2.) The relevant extract of the judgment and decree dated 28.09.1995 of the learned trial court is as under: - -

(3.) The relevant extract of the judgment and decree dated 19.03.1996 of the learned appellate court is as under: - -