Vineet Kothari, J. - (1.) The present second appeal under Sec. 100 C.P.C. has been filed by Ravi Birla s/o. Shri Ramnarayan Birla, and grandson of Smt. Ram Sukhi Bai, the original plaintiff in the present eviction matter, who sought eviction of the defendant -respondent -tenant -M/s. Mishri Mal Chhotmal, in respect of the suit shop in question situated at Pali.
(2.) The plaintiff -landlord -Smt.Ram Sukhi Bai, the owner of the suit shop in question expired on 06.12.2008 and left a Will in respect of the suit shop in question in favour of the appellant -Ravi Birla and for whose bona fide business need, inter alia, the eviction of tenant was sought.
(3.) The learned courts below however, denied the said eviction decree concurrently and it is found appropriate to reproduce the relevant portions of the said orders respectively: - Order dated 21.09.2006 passed by the learned trial court of Civil Judge (Senior Division), Pali in Civil Original Suit No. 42/2005(134/2001) - Smt. Ramsukhi Bai Vs. Firm Mishrimal Chhotmal: JUDGEMENT_14_LAWS(RAJ)2_2016.jpg JUDGEMENT_14_LAWS(RAJ)2_20161.jpg Order dated 06.11.2008 passed by the learned appellate court of Additional District Judge (Fast Track) No. 2, Pali in Civil Appeal Decree No. 9/2008(74/06) - Smt.Ramsukhi Bai Vs. Firm Mishrimal Chhotmal: JUDGEMENT_14_LAWS(RAJ)2_20162.jpg JUDGEMENT_14_LAWS(RAJ)2_20163.jpg JUDGEMENT_14_LAWS(RAJ)2_20164.jpg JUDGEMENT_14_LAWS(RAJ)2_20165.jpg JUDGEMENT_14_LAWS(RAJ)2_20166.jpg JUDGEMENT_14_LAWS(RAJ)2_20167.jpg;