RAJNI DEVI Vs. NATHU SINGH

JUDGEMENT

(1.) Having lost before the two Courts below concurrently, the present second appeal filed under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -defendant in a suit for eviction against the judgment and decree dated 24.08.2001 passed by the learned Additional District Judge No. 01, Ajmer in Civil Regular Appeal No. 27/1998 "Smt. Rajni Devi v/s. LRs of Nathu Singh" by which, the learned First Appellate Court had dismissed the appeal of the appellant -defendant and affirmed the judgment and decree dated 02.06.1998 passed by the learned Trial Court of Additional Civil Judge (Junior Division) & Judicial Magistrate, First Class No. 3, Ajmer in Civil Original Suit No. 230/1991 "Nathu Singh v/s. Smt. Rajni" by which, the suit of the plaintiff -Nathu Singh for eviction in respect of the suit premises, viz., a residential house (two rooms, kitchen and bath room) situated at Ajmer was decreed on the ground of nuisance and bona fide need of the plaintiff -landlord.

(2.) The relevant portion of the findings on the issue of bona fide need of the plaintiff and the order passed by the learned Trial Court in the impugned judgment and decree dated 02.06.1998 is quoted herein below for ready reference: - -

(3.) The first appeal filed by the appellant -defendant against the judgment and decree dated 02.06.1998 of the learned Trial Court was dismissed by the learned First Appellate Court on 24.08.2001. The relevant portion of the order of the learned First Appellate Court is quoted herein below for ready reference: - -