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2015 Supreme(Raj) 84

VINEET KOTHARI
Hastimal S/o Sh. Kewalchand – Appellant
Versus
Bhura Ram S/o Nopaji Suthar – Respondent


Advocates Appeared:
Mr. Vikas Balia, Mr. Hemant Balani ]- for the appellants/plaintiffs/landlord.
Mr. Om Mehta, for the cross-objector/sub-tenant-Bhura Ram.
Mr. Manoj Bhandari, for the respondents/defendants/tenants. LR's of Sankalchand

JUDGMENT

BY THE COURT:

1. The eviction suit of 1982 in the present second appeals, which was itself the second round of litigation, and the first eviction suit of the year 1969 filed by the landlord/plaintiff although decided in favour of landlord, however, no decree of eviction was granted on account of amendment in law of insertion of Section 13A in the Act of 1950 and giving the benefit of first default in payment of rent, no eviction was directed but the present suit of the year 1982 came to be decreed by the learned trial court of Civil Judge (Sr. Division), Bhinmal, District: Jalore on 08.07.2006, after 24 years of trial. The first appellate court, however, took two years to decide the appeal but setting aside the eviction decree passed by the learned trial court, allowed the defendants/tenants' appeal vide judgment and decree dated 23.02.2008 and thus the appellants/plaintiffs were required to file the present two second appeals under Section 100 of CPC, 1908, in which the cross-objector (Bhura Ram) has also filed his cross objections, though with delay, being Civil Cross Objection No.2/2012 in CSA No.210/2008 and all these three cases are being decided by this common judgme






















































































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