- (1.) Leave granted. Brief facts which are necessary to dispose of this appeal are recapitulated as under:- One Nemi Chand (now deceased) represented through his legal representatives and the respondent in this appeal took a shop from the father of the appellant on a monthly rent of Rs.75/- in the year 1983 and executed a tenancy agreement.
(2.) The appellant filed a suit for eviction on the ground of bona fide need, default, non-user of the premises and comparative hardship. The suit was decreed by the learned Additional Civil Judge (Junior Division), Barmer.
(3.) The respondent tenant, aggrieved by the said judgment preferred an appeal before the learned Additional District Judge, Barmer. The learned Additional District Judge allowed the appeal which was upheld by the High Court.;