SARDAR DAN SINGH Vs. SARDAR BHAG SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 2. 6. 97 passed by the Addl. Sessions Judge No. 8, Jaipur City, whereby he accepted the defendant's appeal and dismissed the plaintiff's suit which had been decreed by the Addl. Civil Judge No. 1, Jaipur vide judgment and decree dt. 24. 8. 96.

(2.) VIDE order dt. 22. 4. 98 the following substantial question of law was framed by this Court:- ``whether the appellant is entitled for restoration of the premises on the ground of his bonafide necessity particularly when the trial court had decreed the suit while the first Appellate Court had reversed its finding. ''

(3.) ON the other hand, Mr. Mehta, Sr. Advocate contended that the finding of fact recorded by the first Appellate Court cannot be interfered with in second appeal even if this Court comes to the conclusion that the finding is erroneous. His further submission was that the need of the nephew cannot be said to be the need of the plaintiff, more so when Achal Singh, is in Government service and has got separate house and separate ration card. He placed reliance on the cases of Mattu- lal vs. Radheylal (15), Rajendra Kumar vs. Jamna Das Kotewala (16), Ranbir Singh vs. Ashrafi Lal (17), Navneethammal vs. Arjuna Chetty (18), Smt. Satva Gupta @ Madhu Gupta vs. Brijesh Kumar (19), Ramvallabh vs. Damodardas (20) and Girish Narain Tewari vs. State of U. P. 21