DHARMICHAND Vs. PARASMAL

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The defendant-tenant has filed this second appeal against the concurrent judgments and decree of eviction passed by the two Courts below. The appellate Court while rejecting the appeal No. 1/1996 of the defendant-tenant on 30.10.2007 upheld the eviction decree passed by the learned trial Court on 19.12.1995 for suit premises, namely, a shop situated in Sadar Bazar, Nimbaj, Tehsil Jaitram, Dist. Pali.

(3.) The main defence set up by the defendant in the eviction suit field by the plaintiff Parasmal adoptive son of Sh. Banshi Lal was that after the death of said Banshi Lal in the year 1977, the defendant had purchased the suit property from the wife of said Banshi Lal, namely, Smt. Jatni Devi by a registered sale-deed dt. 20.09.1980 and, therefore, he was not a tenant of the said premises and adoptive son of plaintiff Parasmal could not file the suit through his next friend Bhanwar Lal, his natural father.