GOKUL DAS AND ORS. Vs. GURUMUK DAS

JUDGEMENT

(1.) The appellants/defendants/tenants have preferred this second appeal under Sec. 100 of CPC, 1908, impugning the judgment and decree dated 17.02.1999 passed by learned first appellate court of learned Addl. District Judge No. 2, Udaipur, in Civil Appeal No. 10/1998 (Gokul Das & Anr. v/s. Gurumuk Das) whereby the learned first appellate court dismissed the first appeal filed by the defendants and affirmed the judgment and eviction decree dated 28.05.1997 passed by learned Civil Judge (Jr. Division), Udaipur City (South), Udaipur, in Suit No. 277/1993 -Gurumuk Das v/s. Gokul Das & Anr., whereby the learned trial court decreed the suit filed by the plaintiff/landlord for eviction of the defendants from the suit premises, situated at House No. 30, Kamaliya Badi, Udaipur, on the ground of reasonable and bonafide necessity of landlord and default in payment of rent. Both the courts below have concurrently granted eviction decree on the ground of default in payment of rent after determination of provisional rent under Sec. 13 (3) of the Rent Control Act, 1950 and the defence of the defendants/tenant having been struck out by the learned trial court under Sec. 13 (5) of the Rent Control Act, 1950.

(2.) The suit for eviction filed by the plaintiff/appellant was decreed by the learned trial court vide judgment and decree dated 28.05.1997 with the following findings: -

(3.) The first appeal filed by the defendants/appellants was, dismissed by the learned first appellate court vide judgment and decree dated 17.02.1999 with the following findings: -