LRS OF JAWARI MAL Vs. OM PRAKASH

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -plaintiff in a suit for eviction and recovery of rent against the judgment and decree dated 25.07.1997 passed by the learned Additional District Judge No. 3, Jodhpur in Civil Appeal No. 88/1996 "Om Prakash v/s. Jawari Mal" by which, the learned First Appellant Court had reversed and set aside the judgment and eviction decree dated 05.11.1996 passed by the learned Civil Judge (Junior Division), Jodhpur City, Jodhpur in Civil Original Suit No. 150/1992 "Jawari Mal v/s. Om Prakash" by which, the learned Trial Court had partly decreed the suit of the plaintiff -Jawari Mal on the ground of default in payment of rent and directed eviction of the defendant -tenant -Om Prakash in respect of suit property, situated at Kapda Bazar, Jodhpur.

(2.) The relevant portion of the findings of the learned Trial Court in the impugned judgment and decree dated 05.11.1996 is quoted herein below for ready reference:

(3.) Being aggrieved, the defendant -tenant -Om Prakash filed the appeal before the learned First Appellate Court of the Additional District Judge No. 3, Jodhpur, namely, Civil Appeal Decree No. 88/1996 "Om Prakash v/s. Jawari Mal" which was allowed on 25.07.1997 and the judgment and decree of the learned Trial Court dated 05.11.1996 was reversed, while reversing the findings on the issue relating to the default in payment of rent. The relevant portion of the findings of the learned First Appellate Court in the impugned judgment and decree dated 25.07.1997 is also quoted herein below for ready reference: -