BASTICHAND BHANWALI Vs. DHARAM VIR KALIA

JUDGEMENT

(1.) This is a second appeal by the plaintiff against the appellate decree of the Additional District Judge No. 2, Jodhpur dated April 7, 1981 dismissing his first appeal against the decree of the Additional Munsif No.1, Jodhpur dt. Oct. 27, 1980.

(2.) Plaintiff Bastichand Bhanwali is an Advocate practising at Jodhpur. He instituted Civil Suit No. 589 of 1976 Against the respondent for his ejectment from the demised premises, detailed and described in para No. 1 of his plaint. Ejectment of the defendant-respondent was claimed on the ground that the plaintiff requires the demised premised for the use and occupation of himself and his family and also for using it for his professional purpose as an Advocate. It was alleged that the plaintiff was residing in tenanted premises situated near Singh Pol, Jodhpur. He has his office in Cloth Market also in rented premises.

(3.) The suit was contested by the defendant. The defendant pleaded in his written statement that he was residing in the suit premises since the year 1960. He denied that the plaintiff reasonably and bonafide requited the suit premises for his personal use. It was alleged that the suit premises previously belonged to Khemsingh who had instituted Civil Suit No. 644 of 1974 against the defendant for ejectment on the ground that he needed the premises for the marriage of his daughter Dinesh However, Dinesh was married and Khemsingh realising that he could not get the premises vacated on the ground alleged by him, he, in collusion with the plaintiff, sold the suit premises to the plaintiff. The defendant also alleged that comparative hardship to him would be greater, than to the plaintiff in case a decree for ejectment was passed against him.