JOYAB ALI Vs. RATAN LAL

JUDGEMENT

(1.) HEARD learned counsels for the parties for final disposal at this stage by their consent.

(2.) THIS second appeal of plaintiff-appellant-landlord is directed against the judgment and decree dated 17.11.2008 passed by learned first lower appellate court whereby the first appeal filed by the respondents-defendants-tenant being Civil Appeal No.53/08- Ratan Lal & Anr. Vs. Joyab Ali, came to be allowed reversing the judgment and decree dated 16.09.2008 passed by learned Civil Judge (Jr. Division), Udaipur City (North), Udaipur in Civil Original Suit No.331/02- Joyab Ali Vs. Ratan Lal & Anr. decreeing the plaintiff's suit for eviction.

(3.) CONSEQUENTLY, in the face of these evidences before the learned trial court, the lower appellate court has erred in reversing the finding of learned trial court and rejecting the suit for eviction on the said ground of bonafide need of the landlord. The substantial question of law framed above, is accordingly, answered in favour of appellant-plaintiff-landlord. The matter is accordingly remanded back to the learned first appellate court below to re-appreciate the evidence in correct perspective and decide the appeal expeditiously, preferably within a period of six months from today.