Honble YADAV, J. – The instant Second Appeal was argued at length by the learned counsel for the parties on 14.01.97 and after conclusion of their arguments the judgment and decree passed by learned lower appellate court dated 17.8.92 was set aside and the judgment and decree passed by learned trial court was restored with an observation that reasons will follow later on. In pursuance of the

aforesaid pronouncement of judgment on 14.01.97 reasons are being given today hereinbelow :–

(2) The present Second Appeal was filed by the plaintiff-land lord-appellants against the judgment and decree dated 17.8.92 passed by learned Additional District Judge No. 2, Jodhpur in Civil Appeal No. 15/89 by means of which he has

set aside the judgment and decree dated 19.5.89 passed by learned trial court decreeing the suit of the plaintiff-land lord-appellants on the ground of their reasonable and bonafide necessity after comparing the comparative hardships of land lord and tenant.

(3) The brief facts necessary for adjudication of the instant Second Appeal are as under.

(4) The plaintiff-land lord-appellants filed a suit for ejectment against the defendant-tenant-respondents, Bata India Limited on the

Click Here to Read the rest of this document