Vineet Kothari, J. - (1.) The present second appeal under Section 100 CPC has been filed by the plaintiff-appellant-landlord against the judgment and decree dated 22.02.2001 passed by the learned appellate court of Additional District Judge No. 2, Bikaner in Civil Appeal Decree No. 88/96 - Ashkaran v. Narendra Kumar , reversing the judgment and eviction decree dated 20.01.1996 passed by the learned trial court of Additional Civil Judge (Junior Division) & Judicial Magistrate, First Class No. 2, Bikaner in Suit No. 290/93 - Narendra Kumar v. Shri Ashkaran , decreeing the suit for eviction filed by the plaintiff-landlord, in respect of the suit property, a shop in question situated at Bikaner on the ground of non-user of the suit shop, with the following findings:- ...[VERNACULAR TEXT OMITTED]...
(2.) The learned appellate court, however, reversed the findings of the learned trial court with the following observations:- ...[VERNACULAR TEXT OMITTED]...
(3.) While admitting the present second appeal on 06.02.2002, a coordinate Bench of this Court framed the following substantial questions of law for consideration by this Court:- "1. Whether the learned lower appellate court is right in reversing the finding of the learned trial court on issue No. 2 without meeting with the reasons given by the learned trial court? 2. Whether the learned lower appellate court has erred in deciding issue No. 2 against the plaintiff on the ground that the suit was not filed immediately after expiry of the six month from the date since which the premises were not being used, though according to the plaintiff, the premises are not being used since 1981 and the suit has been filed in the year 1983? 3. Whether the finding of the learned lower appellate court about plaintiff's failure to prove non-user of the premises as contemplated by Section 13(1)(j) of the Rajasthan Premises (Control of Rent & Eviction) Act is perverse? ";