Rajasthan High Court - Jodhpur
Shankar Lal vs Smt. Mohani Bai on 26 September, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
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S.B. CIVIL SECOND APPEAL NO.23/2012
SHANKAR LAL VS. SMT. MOHANI BAI
DATE OF JUDGMENT: 26th SEPTEMBER, 2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
S.B. CIVIL SECOND APPEAL NO.23/2012
SHANKAR LAL VS. SMT. MOHANI BAI
DATE OF JUDGMENT : 26th September, 2012
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. Kaushal Sharma for Mr. S.P. Sharma, for the appellant-
defendant - tenant.
Dr. Sachin Acharya, for the respondent-plaintiff - landlord.
BY THE COURT :
1. The present second appeal filed by the appellant
- plaintiff is directed against the judgment and decree dated 24.12.2011 of learned Additional District Judge, No.1, Bhilwara in Civil Appeal No.16/2004 - Smt. Mohani Bai vs. Shankar Lal reversing the judgment and decree dated 06.04.2004 of learned Civil Judge (Jr.Division), East, Bhilwara in Civil Original Suit No.72/91 - Smt. Mohani Bai vs. Shankar Lal and Heman Das for declaration, possession and arrears of rent in respect of the suit premises - a shop situated at Bhopalganj, Bhilwara. 2/2
S.B. CIVIL SECOND APPEAL NO.23/2012 SHANKAR LAL VS. SMT. MOHANI BAI DATE OF JUDGMENT: 26th SEPTEMBER, 2012
2. Learned counsel for the respondent - plaintiff- landlord informed the Court that in execution of the Appeal Decree dated 24.12.2011, the possession of the suit premises - a shop in question, has already been handed over to the plaintiff - respondent. The decree was on the ground of bonafide necessity of the landlord. The trial court dismissed the suit, but the appellate court reversing the judgment and decree, decreed the eviction suit.
3. Having heard learned counsel for the parties, this Court does not find any substantial question to be arising in the present second appeal. Accordingly, the present second appeal is dismissed. Since the possession has already been taken, the second appeal of tenant has otherwise also become infructuous. Copy of this judgment be sent to both the courts below and parties concerned forthwith.
(DR. VINEET KOTHARI)J. Anil/ Item No.23