DHANNALAL Vs. DAMODARLAL

JUDGEMENT

(1.) The learned trial court of the Munsif & Judicial Magistrate, First Class, Bhilwara has dismissed the eviction suit (Civil Original Suit No. 186/74 - Damodar Lal Vs. Dhannalal) filed by the plaintiff -respondent on 09.11.1982, but the learned appellate court of the Additional District Judge No. 1, Bhilwara granted the eviction decree in favour of the plaintiff -respondent, while allowing Civil Appeal No. 24/83 - Damodarlal Vs. Dhannalal filed against the aforesaid order of the learned trial court. Therefore, the present second appeal has been filed by the defendant -appellant -tenant in this Court on 01.11.1999.

(2.) While admitting the present appeal on 12.11.2003, a coordinate Bench of this Court has framed the following substantial questions of law for consideration by this Court: -

(3.) An application (IA No. 768/2013) was also filed by the defendant -appellant -tenant for bringing on record the judgment of the coordinate Bench of this Court in S.B. Civil Second Appeal No. 109/2002 decided on 27.09.2012 - Smt. Sohan Devi & Ors. Vs. Shri Damodar Lal & Anr.; the same landlord, Damodarlal is the respondent in that case. The copy of the aforesaid judgment of the coordinate Bench (Hon'ble Mr. Justice Gopal Krishan Vyas) of this Court, by which the defendants' -tenants appeal came to be allowed by the coordinate Bench on 27.09.2012. However, the learned counsel for the plaintiff -respondent -landlord, Mr. B.K. Vyas has brought to the notice of the Court that the said judgment of the coordinate Bench of this Court has since been reversed by the Hon'ble Supreme Court in favour of landlord in Civil Appeal No. 231/2015 - Damodar Lal Vs. Sohan Devi & Ors. The relevant portions of the judgment of the coordinate Bench and the Hon'ble Supreme Court are quoted below for ready reference: -