JATANMAL FOFALIYA Vs. SMT CHAMELI DEVI@ ATTO DEVI

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 1st September, 2009 passed by the learned Additional District Judge No.9 Jaipur City, Jaipur in Civil Regular First Appeal No.64/2006 whereby the learned appellate Court has dismissed the appeal filed by the plaintiff appellant and confirmed the judgment and decree dated 18th October, 2003 passed by learned Addl. Civil Judge (Jr.Div.) East, Jaipur City, Jaipur.

(2.) Brief facts, giving rise to this appeal are that a suit for eviction was filed by the plaintiff appellant on various grounds. The same was dismissed by the trial Court vide its judgment and decree dated 18th October, 2003. Feeling aggrieved against the judgment and decree of the trial Court, plaintiff appellant filed regular civil appeal before the lower appellate Court which also came to be dismissed vide judgment and decree dated 1st September, 2009.

(3.) Aggrieved against the judgments and decree of both the Courts below the plaintiff appellants have filed the present appeal. It is submitted by Shri RK Daga, learned counsel for the appellants that an application under Order 41, Rule 27 CPC had been filed by the appellants in the appellate Court on 9th January, 2009 and another application under Order 41, Rule 27 CPC had been filed by the respondents on 20.1.2007 and both the applications left undecided by the learned lower appellate Court. It is further submitted that on this ground alone, the impugned judgment and decree of the lower appellate Court is liable to be set aside and the matter is required to be remanded back to the lower appellate Court to decide the same afresh.