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1986 Supreme(Raj) 640

S.N.BHARGAVA
Padam Chand – Appellant
Versus
Smt. Narbada Bai – Respondent


JUDGMENT

1. This is defendant-tenant's second appeal against the decree of eviction passed by Additional District Judge No. 2, Ajmer.

2. The original plaintiff Bala Prasad filed the present suit in the year 1971 against the appellant on the ground of bonafide and reasonable necessity and for carrying on business by his son Satish Chandra in the disputed shop. The suit was contested. The trial court after framing issues and recording evidence, decreed the suit of the plaintiffs for eviction, by its order dated 7.2.1976. The appellant went in appeal During the pendency of the first appeal. the defendant applied for amendment of the written statement. The amendment was allowed and an additional issue No. 1 B was framed and the case was remanded back by the first appellate Court vide its order dated 1.9.1980 to the trial court for recording fresh evidence and to give a fresh finding on Issues No 1, 1-A and 1B. After remand, the trial court recorded additional evidence afresh led by the parties and vide its findings dated 3.7.1981, came to the conclusion that the suit premises were not required reasonably and bonafide by the plaintiff and also decided the issue regarding comparative hard











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