SADAKATULLAH KHAN Vs. HAFIZA

JUDGEMENT

(1.) The present second appeal under Sec. 100 CPC has been filed by the landlord in this Court on 18.08.2000, aggrieved by the reversal of the eviction decree by the learned first appellate court of the Additional District Judge No. 1, Jodhpur on 31.05.2000 in Civil Appeal Decree No. 63/99 - Smt. Hafiza & Ors. Vs. Sadakatullah Khan.

(2.) The learned trial court of the Civil Judge (Junior Division) & Judicial Magistrate, First Class, Jodhpur City, Jodhpur had decreed the eviction suit (Civil Original Suit No. 97/96 - Sadakatullah Khan Vs. Smt. Hafiza & Ors.) on the ground of subletting and default in payment of rent on 27.09.1999, with the following findings and observations: -

(3.) The learned first appellate court however, reversed the same on 31.05.2000 with the following findings and observations: -