DWARKI DEVI Vs. RADHEY SHYAM

JUDGEMENT

(1.) THE instant civil second appeal has been preferred against the judgment and decree dated 15/09/1994 passed by the court of District Judge, Jhunjhunu by which the appeal filed by the plaintiff -appellant has been dismissed and the judgment and decree dated 17/12/1987 passed by the court of Additional Civil Judge, Jhunjhunu dismissing the suit filed by the plaintiff -appellant for eviction, has been upheld.

(2.) THE facts giving rise to this appeal in brief are that the plaintiff -appellant filed a suit for eviction on the ground of non -user of the rented premises. The court below has held that ground could not be proved by the plaintiff and dismissed the suit. The appeal filed by the plaintiff -appellant thereagainst has also been dismissed. Hence, this second appeal.

(3.) THIS appeal has been admitted on 25/03/1996 on the following substantial question of law: - "That the learned courts below have dismissed the suit of the plaintiff/appellant on the basis of the pleader -commissioner's report which is subsequent to the finding of the suit whereas in view of Section 13(1)(j) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, the relevant question should have been as to whether the premises had not been used without reasonable cause for a continuous period of six months immediately preceeding date of the suit. It has been submitted that the judgments of the courts below suffer from non -consideration of the evidence on this question prior to the institution of the suit.