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2022 Supreme(Raj) 1111

SUDESH BANSAL
Nandlal – Appellant
Versus
Abdul Hamid – Respondent


Advocates appeared:
Mr. Amit Singh Shekhawat, Advocate., for the Appellant
None., for the Respondent

JUDGMENT

1. Appellant-defendant-tenant has preferred this second appeal under Section 100 CPC, challenging the decree for eviction passed in respect of his rented shop on the ground of bonafide and reasonable necessity by the Court of Additional District Judge No.4, Sikar in first appeal No.24/2015 vide judgment dated 2.2.2019 and resultantly, the judgment and decree dated 13.3.2015 passed in civil suit No.65/2002 by the Court of Additional Senior Civil Judge, Sikar dismissing plaintiff's suit for eviction, has been set aside.

2. Heard counsel for appellant at length and perused the record.

3. In the instant case, it is not in dispute that shop in question situated at Mochiwada Raod, Sikar is in tenancy of appellant- defendant since 1960. Respondents-plaintiffs purchased the suit shop through registered sale deed dated 21.8.2002 along with whole property wherein shop in question is situated, from its owner and landlord of appellant namely Kishan Lal. Appellant- defendant does not dispute that the transfer of his tenanted shop to respondent-plaintiff through registered sale deed dated 21.8.2002 and attorn respondent-plaintiff as his landlord and continue to pay the rent to him. After p

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