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2019 Supreme(Raj) 289

PRATAP KRISHNA LOHRA
Ratan Lal – Appellant
Versus
Sosar Bai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Suresh Shrimali, Advocate
For the Respondent:A.K. Babel, Advocate

JUDGMENT :

PRATAP KRISHNA LOHRA, J.

1. Appellant-defendants, remaining unsuccessful before this Court as well as Apex Court in their attempts to get favourable orders on their applications including under Order 41 Rule 27 CPC and being aggrieved by concurrent findings of two Courts below decreeing the suit filed by respondent-plaintiffs, have laid the present second appeal under Sec. 100 CPC. The Addl. District Judge No. 1, Bhilwara (for short, 'Appellate Court') vide impugned judgment & decree dt. 08.05.2018 has dismissed their appeal against judgment and decree dt 28.04.2004, passed by Additional Civil Judge, Bhilwara (for short, 'learned trial Court').

2. Brief facts of the case are that original respondent-plaintiffs Smt. Sosar Bai (since deceased) filed a suit for eviction and arrears of rent against original defendant Ratanlal on the grounds of default in payment of rent and reasonable & bona fide necessity stating therein that the suit premises shop is needed for business of her two unemployed sons Rameshwar and Badrilal. The original defendant Ratan Lal contested the suit by filing a written statement refuting all the averments made in the plaint and denied the claim of plaint










































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