NARSINGH MAL Vs. SUMAN KUMAR

JUDGEMENT

(1.) The present second appeal has been filed by the appellant -plaintiff -landlord -LRs of Narsingh Mal under Sec. 100 of the Code of Civil Procedure against the impugned judgment and decree dated 31.01.1995 passed by the learned District Judge, Balotra in Civil Appeal Decree No. 7/1992 "Suman Kumar Vs. Narsingh Mal" by which, the learned First Appellate Court has allowed the appeal of the defendant -tenant and reversed the judgment and decree dated 21.02.1992 passed by the learned Munsif & Judicial Magistrate, Balotra in Civil Original Suit No. 31/1985 "Narsingh Mal Vs. Suman Kumar" by which, the learned Trial Court had decreed the suit of the plaintiff for possession of the suit premises and for arrears of rent.

(2.) The appellants -plaintiff -legal representatives of the Narsingh Mal have filed the present second appeal under Sec. 100 of the Code of Civil Procedure aggrieved by the reversal of the eviction decree by the First Appellate Court of the learned District Judge, Balotra vide order dated 31.01.1995.

(3.) The suit (No. 31/1985 "Narsingh Mal Vs. Suman Kumar) was decreed by the learned Trial Court of Munsif & Judicial Magistrate, Balotra on 21.02.1992 on two grounds, namely, bona fide and reasonable necessity of the landlord and default in payment of rent, in favour of the plaintiff.