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2015 Supreme(Raj) 2

VINEET KOTHARI
Panmal S/o Sh. Nathmal Sindhi – Appellant
Versus
Jamna Das S/o Sh. Gopal Das Maheshwari – Respondent


Advocates Appeared
Manoj Bhandari, for Appellant/Defendant;
Salil Trivedi on behalf of Sajjan Singh, for Respondent/Plaintiff

Hon'ble Dr. KOTHARI, J.—The present second appeal has been filed by the appellant/defendant/tenant, Panmal S/o Nathmal Sindhi, aggrieved by the judgment and eviction decree dated 05.08.2008 passed by learned Additional District Judge No.2, Bikaner, in Civil Appeal No.66/2005, whereby the appeal filed by the respondent/plaintiff was allowed while reversing the judgment and decree dated 29.07.2003 passed by learned Civil Judge (Jr. Division), Doongargarh, in Original Suit No.132/1992, dismissing the plaintiff's suit for eviction on the ground of personal bonafide need of the plaintiff/landlord.

2. Briefly stated, the facts of the case are that the plaintiff/respondent filed a suit on 14.07.1992 seeking eviction of the present appellant/tenant on the ground of bonafide need of the suit shop for his son, namely, Suresh Kumar, material alternation in the suit suit without the prior permission of the plaintiff/landlord and recovery of rent from the suit premises i.e. shop in question situated in Ward No.15, Mohalla Mamasar-Ka-Bas, Near Bus Stand, Doongargarh, Bikaner. The suit shop was initially let out to the defendant at a monthly rent of Rs.81/- per month on 01.10.1973 and thereafter t














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