SURENDRA NARAYAN SHARMA Vs. HARI NARAYAN TANK

JUDGEMENT

(1.) THIS is plaintiff's' second appeal under section 100 of the Code of Civil Procedure against the concurrent judgment and decree dated 29/1/2009 passed by Additional district Judge (Fast Track) No. 4, Jaipur City, Jaipur in Civil regular Appeal No. 17/2006 {142/2002} whereby he affirmed the judgment and decree dated 10/1/2003 passed by Additional civil Judge (Junior Division) (West), Jaipur City, Jaipur by which suit of the appellant-plaintiff for arrears of rent and eviction has been dismissed.

(2.) HEARD learned counsel for the appellant on the point of admission and perused the judgments of the courts below.

(3.) THE controversy involved in the present matter in nut shell is that the plaintiff sought eviction of the defendant-tenant from the suit shop on the ground of default in payment of rent, reasonable and bonafide requirement, nuisance, material addition and alteration, comparative hardship and partial eviction whereas according to the defendant no ground for eviction exist.