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2015 Supreme(Raj) 2054

VINEET KOTHARI
LRs of Kistoorji, Chauthmal S/o late Kistoorji (deceased) through LR’s – Appellant
Versus
Mansha Ram S/o Kanhaiya Lal Soni (deceased) through LR’s – Respondent


For the Appellant-Defendant:R.R. Nagori, Senior Advocate with Alkesh Agrawal, Advocates.
For the Respondent-Plaintiff:O.P. Mehta & V.D. Gaur, Advocates.

JUDGMENT

1. - The present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants-defendants in a suit for eviction against the judgment and decree dated 05.10.1993 passed by the learned Additional District Judge No.2, Jodhpur in Civil Appeal Decree No.105/1993 "Manchha Ram S/o Kanhaiya Lal v. LRs of deceased Kistoorji, Chauthmal S/o Kistoorji & Ors. " by which, the learned First Appellate Court, while allowing the appeal of the plaintiff, directed eviction of the defendants, by reversing the judgment and decree dated 27.04.1988 passed by the learned Additional Munsif & Judicial Magistrate No.1, Jodhpur in Civil Original Suit No. 27/1984 "Manchha Ram v. LRs of Kistoorji, Chauthmal & Ors." , by which, the learned Trial Court had dismissed the suit of the plaintiff.

2. The relevant extract of the judgment and decree dated 27.04.1988 passed by the Trial Court is as under:-

loZizFke oknh ds izkFkZuk&i= /kkjk 13(5) vf/kfu;e ij vkns'k ikfjr djuk mfpr gSA izkFkZuk&i= ds vuqlkj fdjk;k fu/kkZj.k djus ds i'pkr~ izfroknhx.k ds fu;ekuqlkj fdjk;k tek djkuk pkfg;s Fkk fdUrq i=koyh ij miyC/k jlhnksa ds vuqlkj fdjk;k fu;ekuqlkj tek djk;k tkuk izrhr ugha gksr




































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