RAMDUTT Vs. KISHAN NARAYAN & SONS AND ORS.

JUDGEMENT

(1.) The present second appeal under Sec. 100, CPC has been filed by the plaintiff -appellant -landlord against the concurrent rejection of the suit for eviction filed on the ground of material alteration in the suit shop in question situated outside Sojati Gate, Jodhpur, without the consent of the landlord. The relevant extract of the findings of the learned trial court of Additional Civil Judge (Junior Division) & Judicial Magistrate No. 5, Jodhpur in the order dated 04.08.1995 passed in Civil Original Suit No. 211/93 - Ramdutt v/s. Kishan Narayan & Sons & Anr. is quoted below for ready reference:

(2.) The relevant extract of the findings of the learned appellate court of Additional Civil Judge (Junior Division) & Judicial Magistrate No. 5, Jodhpur in me order dated 17.08.2000 passed in Civil Appeal Decree No. 53/95 Ramdutt v/s. Kishan Narayan & Sons & Anr. is quoted below for ready reference:

(3.) While admitting the present second appeal on 20.01.2003, a co -ordinate Bench of this Court framed the following substantial question of law for consideration by this Court: