Dr. Vineet Kothari, J. - (1.) THE present second appeal has been filed by the plaintiff -landlord being aggrieved by the reversal of judgment & eviction decree dated 12.8.2009 passed by the learned trial court in civil original suit No. 33/2007 - Madan Lal vs. Jain Brothers vide judgment dated 26.11.2010 of learned Additional District Judge, Gulabpura District Bhilwara in Civil Regular Appeal No. 11/2009 - M/s Jain Brothers vs. Madanlal.
(2.) THE learned trial court passed the eviction decree upon termination of tenancy in respect of the suit shop situated at Gulabpura, Bhilwara where, at the relevant point of time, the Rajasthan Rent Control Act, 1950 or the new Rent Control Act, 2001 did not apply and the landlord terminated the tenancy by serving a notice under Section 106 of the Transfer of Property Act w.e.f. 30/9/2007 inter alia on the ground of non -payment of rent and also for the bonafide need of the landlord. The learned trial court decreed the suit vide judgment dated 12/8/2009 while deciding the issue relating to relationship of landlord and tenant in favour of the plaintiff in the following manner: - The first appeal filed by the defendant - M/s Jain Brothers before the learned Addl. District Judge, Gulabpura, however, allowed the appeal of the defendant on 26/11/2010 holding in favour of the defendant that since the decree of partition upon a compromise between the plaintiff - Madan Lal and his sister -in -law (wife of his elder brother) was not registered and duly stamped, therefore, the same being not admissible in evidence did not confer the rights on the plaintiff -landlord to file the present suit for eviction. The relevant findings of the first appellate court are as under: -
(3.) BEING aggrieved by the aforesaid judgment passed in appeal, the plaintiff landlord filed the present second appeal, which was admitted by the coordinate bench on 21/3/2014 and the following substantial questions of law was framed: - "Whether the learned lower first Appellate Court has erred in holding that the decree of partition passed on the basis of compromise requires to be duly stamped and registered and in the absence thereof the same is not admissible in evidence -;