PARAS KANWAR Vs. SOHAN SINGH AND ORS.

JUDGEMENT

(1.) The present Civil Second Appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -plaintiff -landlady -Paras Kanwar Wd/o Gautam Chand, in a suit for possession of the residential house, against the impugned judgment and decree dated 26.08.1998 passed by the learned Additional District Judge, Sojat City in Civil Appeal Decree No. 17/1995 "Sohan Singh Vs. Paras Kanwar & Ors." by which, the learned First Appellate Court had allowed the appeal filed by the defendant -tenant and reversed the judgment and eviction decree dated 23.02.1995 passed by the learned Civil Judge (Junior Division) & Judicial Magistrate, First Class, Sojat in Civil Original Suit No. 54/1984 "Paras Kanwar & Ors. Vs. Sohan Singh" by which, the learned Trial Court had decreed the suit for possession filed by the plaintiff -Paras Kanwar & Ors. and directed the defendant -tenant to hand over vacant possession of the house in question situated at Sojat City, District Pali.

(2.) The widow landlady Paras Kanwar has filed the present second appeal under Sec. 100 of the Code of Civil Procedure in this Court on 17.11.2006 aggrieved by the reversal of the findings of the learned Trial Court by the learned First Appellate Court, resulting in reversal of the eviction decree granted by the learned Trial Court in respect of the suit house situated Sojat City, District Pali.

(3.) The learned Trial Court decreed the suit of the plaintiffs on the ground of the bona fide need of the plaintiffs and their family members in its judgment and decree dated 23.02.1995 with the following findings in favour of the plaintiffs: - -