KHEM CHAND Vs. LAXMAN LAL

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -defendant -tenant -Khem Chand in a suit for eviction and recovery of rent against the judgment and decree dated 30.05.1997 passed by the learned District Judge, Dungarpur in Civil Appeal No. 16/1995 "Khem Chand v/s. Laxman Lal" by which, the learned First Appellant Court had affirmed the judgment and decree dated 28.10.1995 passed by the learned Civil Judge (Senior Division), Sagwara, District Doongarpur in Civil Original Suit No. 31/1988 "Laxman Lal v/s. Khem Chand" by which, the learned Trial Court had decreed the suit of the plaintiff -Laxman Lal mainly on the ground of personal and bona fide need of the plaintiff and directed for eviction of the defendant -tenant -Khem Chand from the suit property, i.e. two storied shop, situated at Sagwada, District: Doongarpur.

(2.) The present second appeal has been filed by the defendant -tenant -Khem Chand against the concurrent eviction decree granted in favour of the plaintiff -landlord -Laxman Lal.

(3.) The learned Trial Court vide its judgment and decree dated 28.10.1995 granted the eviction decree in favour of the plaintiff -Laxman Lal in the following manner: - -