- (1.) This second appeal has been filed by the defendants-tenants, Bhanwar Lal and others against the concurrent decree of eviction on the ground of denial of title under Section 13 (1) (f) of the Rajasthan Premises (Control of rent & Eviction) Act, 1950.
(2.) The learned trial court of Civil Judge (Sr. Division), Pali decreed the eviction suit filed by the original plaintifflandlord (Mishrilal) being Civil Suit No.132/2005- Mishrilal Vs. Bhanwar Lal & Ors. on the ground of denial of title and bonafide need. The said judgment and decree of learned trial court was assailed by the appellants-defendants by filing first appeal before the learned lower appellate court. However, the Civil Appeal No.11/2008 (09/2007)- Bhanwar Lal & Ors. Vs. LR's of Mishrilal, filed by the appellants-defendants came to be rejected by the learned Additional District Judge (FT) No.2, Pali vide the judgment and decree dated 04.03.2010 while concurring the with findings returned by the learned trial court.
(3.) Mr. Bheemkant Vyas, learned counsel for the appellants-defendants relying upon Hon'ble Supreme Court decision in the case of Prabha Arora & Anr. Vs. Brij Mohini Anand & Ors., 2008 1 CivCC 279 (SC) submitted that the property in question known as "Lohiyon-Ki-Bagechi", in which one room was rented out to the defendants-appellants, and that has since been declared to be a Public Trust by the orders of learned Assistant Commissioner, Devsthan Department in the proceedings of Case No.7/85/Pali- Inspector of Devsthan Department, Jodhpur V/s Radhey Shyam S/o Champa lal and Mishrilal S/o Ram Narayan vide order dated 29.01.2008 passed u/s 19 of the Rajasthan Public Trust Act, 1959; and therefore, as per aforesaid Supreme Court decision, since the trustee cannot use the property for his own profit, therefore, the suit filed by the Mishrilal in his individual capacity as landlord on the ground of denial of title by the tenant could not have been decreed and, a substantial question of arises in the present case.;