Vineet Kothari, J. - (1.) THE appellant/defendant/tenant has filed the present second appeal aggrieved by the reversal of dismissal of eviction suit by the first appellate court by judgment and eviction decree dated 29.01.1998 of learned Additional District Judge No. 2, Bikaner, inter -alia, on the ground of change of user and material alteration in the suit property, a shop situated at K.E.M. Road, Bikaner.
(2.) THE learned trial court had dismissed the eviction suit returning both the findings in favour of defendant/tenant and against the landlord/plaintiff on Issues No. 3 and 4 in the following manner: - The learned appellate court, however, reversed those findings in the following manner: -
(3.) AGGRIEVED by the aforesaid judgment and eviction decree, the defendant/tenant approached this Court by way of present second appeal, which was admitted by a coordinate bench of this court on 27.03.1998 framing the following substantial questions of law for consideration by this Court, and the eviction of the tenant was stayed by this Court, which stay order is continuing throughout: - "(i) Whether the finding of the appellate court under Issue No. 3 against the appellant about the change of the use of the suit shop from the purpose it was let out to him is bad in law and contrary to the provisions contained in Sec. 13(1)(d) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950? (ii)Whether the findings of the appellate court under Issue No. 5 regarding material alteration is perverse and against law and the provisions contained in Sec. 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 -;