2008 Supreme(Raj) 2485
VINEET KOTHARI
Dharmi Chand – Appellant
Versus
Parasmal – Respondent
Advocates:
For the Appellant:J.K. Bhaiya, Advocate.
For the Respondent:R.R. Nagori, Advocate.
JUDGMENT
1. - Heard the learned counsel for the parties.
2. The defendant-tenant has filed this second appeal against the concurrent judgments and decree of eviction passed by the two Courts below. The appellate Court while rejecting the appeal No.1/1996 of the defendant - tenant on 30.10.2007 upheld the eviction decree passed by the learned trial Court on 19.12.1995 for suit premises, namely, a shop situated in Sadar Bazar, Nimbaj, Tehsil Jaitaran, Dist. Pali.
3. The main defence set up by the defendant in the eviction suit field by the plaintiff Parasmal adoptive son of Sh. Bansi Lal was that after the death of said Banshi Lal in the year 1977, the defendant had purchased the suit property from the wife of said Banshi Lal, namely, Smt. Jatni Devi by a registered sale-deed dated 20.9.1980 and therefore, he was not a tenant of the said premises and adoptive son plaintiff Parasmal could not file the suit through his next friend Bhanwar Lal, his natural father.
4. The two Courts below held against the defendant that the adoption of the plaintiff Parasmal was proved and since on 19.7.1980, the defendant himself had executed the rent note (Ex.1) in favour of Parasmal adoptive son of Bansh
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