VINEET KOTHARI,J. - (1.) The plaintiff-landlord-Mohanlal s/o Shri Juharmal Ji, who is now represented by his legal representatives, Smt. Nirmala w/o Late Mohanlal and others, has filed the present second appeal under Section 100 CPC in this Court on 26.02.2004 against the defendant-tenant-Dharampal s/o Shri Bhikhaji, in respect of the suit house in question situated at Takhatgarh, Tehsil Sumerpur, District Pali.
(2.) The suit for eviction filed by the plaintiff-landlord inter alia on the ground of default and bona fide need of the landlord, came to be dismissed by both the learned courts below, with the following findings and observations:- Order dated 03.06.1995 of the learned trial court of Civil Judge (Junior Division), Sumerpur, District Pali in Civil Original Suit No. 101/79 - Mohanlal v. Dharampal:- ...[VERNACULAR TEXT OMITTED]...
(3.) The present second appeal was admitted by this Court on 03.08.2011, framing the following substantial questions of law for consideration by this Court:- "(i) Whether in view of issue nos.1 and 2 having been decided in favour of defendant about conditional sale, the courts below were justified in refusing decree for eviction on the ground of bona fide necessity. (ii) Whether in the absence of any pleading about bona fide necessity, the suit for eviction can be decreed in favour of the plaintiff." ;