GHANSHYAM S/O LEKHRAJ Vs. ADDITIONAL DISTT JUDGE (FAST TRACK) N O 4, AJMER; TARA KANKARIYA W/O PRAKASH CHAND KANKARIYA; HEERANAND S/O LATE LEKHRAJ; RAMESH S/O HEERANAND SINDHI; KUMARI PINKI D/O HEERANAND SINDHI; SAVITRI DEVI W/O LEKHRAJMAL SINDHI; GULL; CHANDRA KUMAR; SANTOSH KUMA

JUDGEMENT

(1.) Both these revision petitions at the instance of defendant-petitioner are directed against the order dt. 08/02/2011 passed by the learned lower appellate court allowing the appeal filed by the plaintiff-respondent

(2.) Since the controversy involved in both the cases is identical and the facts are also more or less similar, both the petitions are being decided by this common order.

(3.) As regards the SB Civil Revision Petition No.105/2011, the brief facts noticed are that the plaintiff-respondent filed a suit before the trial court against the defendant-petitioner for eviction on the ground of personal and bonafide necessity and default in payment of rent. During pendency of the suit, the trial court determined provisional rent of the suit premises vide order dt. 22/08/1990 and after trial, the trial court dismissed the suit vide judgment & decree dt. 19/02/1999 on the premise that there is no default in payment of rent and there is also no bonafide or personal necessity of the plaintiff-respondent. The judgment & decree dt.19/02/1999 came to be assailed by the plaintiffrespondent before lower appellate court and the lower appellate court vide judgment dt.02/05/2006, after setting aside the judgment & decree dt.19/02/1999, remanded the matter back to the trial court for deciding the matter afresh after framing issue relating to partial eviction in the light of Sec. 14(2) of the Rajasthan Premises (Rent Control and Eviction) Act, 1950 and after giving opportunity of leading evidence and hearing the rival parties in accordance with law, pursuant to which the trial court framed issue with regard to partial eviction.