- (1.) This first appeal has been preferred by the defendants, M/s Rajesh Shoe Store and others, being aggrieved by the eviction decree dated 14.10.2003 passed by learned trial court of Additional District Judge, No.2, Fast Track, Bhilwara in Civil Suit No.9/2003- Naresh Kumar S/o Chainsukh Ajmera & Ors. Vs. M/s Rajesh Shoe Store & others. The plaintiffs-respondents filed this suit for eviction of the defendants-tenants from the suit shop, which was initially given on rent on 06.12.1986 for the monthly rent of Rs.2,500/-. The eviction suit has been filed by the landlord, inter-alia, on the ground of default in payment of rent, bonafide necessity of the landlord and for his family members.
(2.) The learned trial court as per pleadings of the parties framed as many as nine issues including the relief and after examining the evidence of PW.1 Naresh Kumar, PW.2 Amit Kumar, and, DW.1 Rakesh Birla and DW.2 Prakash Chandra Laddha, the learned trial court decided the various issues in favour of plaintiffslandlord and decreed the eviction suit giving two months' time to hand-over the vacant and peaceful possession of the suit shop and Rs.4000/- as mesne profit.
(3.) Being aggrieved by the said eviction decree, the defendants-appellants have approached this Court by way of present first appeal under Section 96 of Code of Civil Procedure, 1908, and vide order dated 11.12.2003, the said appeal was admitted and execution of the decree under appeal was stayed by a coordinate bench of this Court.;