MOHAMMED SADDIQUE Vs. SADDIQUE PATHAN

JUDGEMENT

(1.) The appellant/plaintiff/landlord, Mohammed Saddique S/o Haji Mohammed Lukman, has filed the present first appeal under Sec. 96 of CPC, 1908, assailing the judgment and decree dated 04.08.2005 passed by learned Addl. District Judge (FT) No. 3, Jodhpur, in Civil Original Suit No. 455/2004 - Mohammed Saddique Vs. Saddique Pathan, whereby the learned trial court has dismissed the suit filed by the appellant/plaintiff for eviction with respect to suit premises, which is a residential house, situated at Bamba Road, Jodhpur.

(2.) The relevant findings of the learned trial court are quoted below herein below: - -

(3.) Learned counsel for the appellant/plaintiff, Mr. Kaushal Sharma, submitted that the plaintiff himself was living in a rented house of his own brother, namely, Abdul Latif and needed the suit house in question for his own residence and his family members and, therefore, the eviction decree was wrongly denied by the learned court below. He