Vineet Kothari, J. - (1.) THIS is the first appeal under Section 96 of the CPC filed by the defendant/tenant -Ms. Priti Parihar d/o Col. Dr. Moti Lal Sankhla and Director of Geetanjali School, aggrieved by the eviction decree dated 23.09.2003 passed by the learned Additional District Judge (Fast Track) No. 2, Jodhpur in Civil Suit No. 09/2003(11/97) - Mali Sansthan, Jodhpur (Registered Society v. Priti Parihar & Ors.) and the suit was decreed on the ground of bona fide necessity of the landlord -Society for setting up of a hostel for boys and girls of the community at the disputed premises, which are situated at main Mandore Road, Jodhpur, a prime location.
(2.) BY a 45 pages judgment passed by the learned Additional District Judge, the eviction decree was passed directing the defendant -tenant, who is running a School of about 500 -600 students in about 20 rooms' accommodation of the disputed premises and the court below has directed the defendant to hand over peaceful and vacant possession of the suit premises within a period of two months and to pay mesne profits of Rs. 5,000/ - per month for the use and occupation The relevant findings of the learned court below in respect of the bona fide need and comparative hardship in the eviction decree are quoted below for ready reference: - -
(3.) THE defendant -tenant has also filed an application under Order 41 Rule 27 CPC in this Court on 01.08.2012, namely, IA No. 11516/2012 to which a reply has been filed by the respondent -landlord contesting the said application.;