ARUN BHANSALI, J. - (1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 2.2.2005 passed by Additional Disrict Judge No.2, Jodhpur reversing the judgment and decree dated 27.3.2002 passed by Civil Judge (Jr.Div.), Jodhpur City, Jodhpur, whereby the suit filed by the appellant seeking eviction of the suit was decreed.
(2.) THE facts, in brief, may be noticed thus : the appellant - plaintiff filed a suit on 17.8.1991 for eviction and mesne profit with the averments that a shop situated at Mirchi Bazar, Jodhpur was owned by her and the respondent -defendant tenant committed default in payment of rent and therefore, he was liable to be evicted. An application under Order VI, Rule 17 CPC was filed on 8.9.1995 with the averments that during the pendency of the suit, reasonable and bonafide requirement has arisen to the plaintiff inter -alia for use of the shop -in -question for her grand son Gautam, aged 20 years. The application for amendment was dismissed by the trial court, however, revision was allowed and para 4A was permitted to be added in the plaint.
(3.) A written statement was filed by the defendant to the amended plaint and the allegations made in para No.4A of the plaint regarding reasonable and bonafide requirement of the plaintiff were disputed. Besides denying the avements made in para No.4A of the plaint, a specific averment was made in the written statement that another shop of the plaintiff was situated in Ada Bazar, Jodhpur which was lying vacant, which the plaintiff can easily give to Gautam for his use.;