- (1.) THE defendant ­ tenant, Moti Ram Driver s/o Jeeraj Bhat, resident of Nohar has filed the present second appeal against the respondent ­ plaintiff ­ landlord, Mahesh s/o Kishanlal Jaju under Section 100 CPC in this Court on 08.02.1994 aggrieved by the judgment and eviction decree passed against him by the learned appellate court below of learned Additional District Judge, Nohar in Appeal No.15/91 ­ Mahesh s/o Kishanlal vs. Moti Ram Driver s/o Jesraj Bhat reversing the judgment and decree dated 30.03.1991 by the learned trial court of Munsif and Judicial Magistrate, I Class, Nohar dismissing the eviction Civil Original Suit No.88/81 ­ Mahesh s/o Kishanlal Jajoo vs. Moti Ram Driver s/o Jesraj Bhat.
(2.) WHILE admitting the present second appeal, a co- ordinate Bench of this Court framed the following substantial question of law for consideration by this Court on 22.02.1994: "Whether requirement pleaded by the plaintiff for the suit premises namely for making it available to the doctor employed at Jaju Charitable Trust for his residence can legally be construed as requirement for public purpose or philanthropic purpose by thelandlord within the meaning of Section 13(1) (h) of the Rajasthan Premises (Control of Rent and Eviction), Act, 1950 ?" Despite service of notice, no body has appeared on behalf of the plaintiff ­ landlord in the present second appeal and, therefore, the arguments of learned counsel for the appellant ­ defendant ­ tenant, Mr. S.G. Ojha were heard ex parte.
(3.) THE learned appellate court below has given the eviction decree in respect of the suit premises ­ a small residential house situated in Nohar on the grounds of bonafide necessity of the landlord, which needed the suit premises for providing residential accommodation to the Doctor on duty, who was to serve in the Charitable Hospital, set up by the family Trust known as M/s. Jajoo Charitable Trust, Station Road, Nohar, where the medical aid was to be provided to the various patients.;