P.C. Jain, J. - (1.) This is defendant's appellant's second appeal against the judgment and decree dated 4.2.1994 passed by Shri Prasand Kumar Sharma, Civil Judge, Abu Road in Civil Appeal No. 19/91 reversing the judgment and decree dated 27.10.1989 passed by Shri T.S. Samma, Munsif Magistrate, Abu Road in Civil Original Suit No. 123/84 whereby the plaintiff's suit for eviction was dismissed.
(2.) The brief facts necessary for disposal of this appeal may be stated as follows.
(3.) The appellants are the legal representatives of deceased Abdul Razak Khan, Advocate. Shri Abdul Razak Khan was a tenant in the suit house which belonged to Mangal Chand S/o Shri Multanmal Jain. Mohanlal, plaintiff-respondent purchased the house from Mangalchand on 18.1.1984. He filed the present suit for eviction and arrears of rent. Eviction was sought on ground of reasonable and personal bonafide necessity. Abdul Razak Khan died during the pendency of the first appeal and the present appellants were brought on record as his legal representatives. At present Shri Nemu Razak Khan is residing in the said house. He is an advocate, practising in the Judicial Court of Abu Road. He is also having his office in the house. The suit v. as resisted by the appellants. The trial Court dismissed the suit vide judgment and decree dated 27.10.1989 and held that the appellants had not committed any default in payment of rent. It may be stated that the ground of default has not been agitated before me also. Aggrieved by the judgment and decree dated 27.10.1989, the plaintiff preferred first appeal (19/91) and the learned appellate Court, by the impugned judgment and decree, reversed the finding of the trial Court as regards the reasonable and bonafide personal necessity and the suit was decreed. The appellants have, therefore, filed this second appeal.;