- (1.) Instant second appeal has been filed under Sec. 100, C.P.C. by the appellants, legal heirs of late Bhanwar Lal who was tenant in the property in question, to challenge the judgment and decree dt. 22.04.2000 passed by the Addl. District Judge No. 1, Bhilwara in Civil Appeal No. 20/1999 whereby the said appellate Court confirmed the judgment and decree passed by the Munsiff & Judl. Magistrate (First Class), Bhilwara dt. 21.12.1989 passed in Civil Regular Suit No. 191/1974. The co-ordinate Bench of this Court while admitting the instant second appeal framed the following substantial questions of law which read as under: (1) Whether on the facts and in the circumstances of this case, the learned courts below have erred in granting a decree for eviction on the ground of material alteration while ignoring the relevant considerations and proceeding on irrelevant considerations? (2) Whether on the facts of this case, the learned courts below have erred in not drawing adverse inference for non-appearance of the plaintiff Damodar lal in the witness box?
(2.) Brief facts of the case are that respondent-plaintiff (landlord) filed a suit for eviction against the appellant on the ground of material alteration in the suit premises and on the ground of bona fide necessity. The trial Court after framing five issues commenced trial and while deciding the suit gave finding that the plaintiff has failed to prove the ground of bona fide necessity but, while deciding issue No. 3 with regard to material alteration in the suit property, granted decree of eviction in favour of the respondent-plaintiff landlord.
(3.) The defendants preferred an appeal before the District Judge, Bhilwara but the same was transferred to the Court of Addl. District Judge No. 1, Bhilwara and the said first appellate Court dismissed the appeal and upheld the finding given by the trial Court for issue with regard to material alteration in the property in question.;