R.R YADAV,J. - (1.) THE instant misc. appeal is directed against the order dated 27.5.1995 passed by learned Additional District and Sessions Judge No. 1, Udaipur in Original Civil Suit No. 104 of 1995.
(2.) IN nutshell the brief facts necessary to be noticed for disposal of the present misc. appeal are that the plaintiff-respondent Laxman Das filed a suit for ejectment and arrears of rent against the defendant-appellant on the ground of default in payment of rent and also on the reasonable and bona fide necessity. According to the plaintiff-respondent the defendant-appellant has not paid rent from October, 1989 uptil date and he required the shop in question for his son Sunil Kumar who was alleged to be unemployed. The plaintiff- respondent also offered an alternative shop to the defendant-appellant in the second floor of his building where according to him the business of photography could be run effectively.
(3.) THE defendant-appellant filed a detailed written statement denying the plaint allegation and took the plea that the shop in question was in the ownership of Jeewan Das Sindhi, father of the plaintiff-respondent, who let out the shop in question to late Shri Dayalal, real brother of defendant- appellant who was doing business of photography alongwith him. After death of his brother the defendant-appellant is continuing the business of photography in the shop in question.;