Ramnarayan Sons Pvt. Ltd. Through ... vs Srimati Nanudi W/O Late ...
2022 Latest Caselaw 5249 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No. 445/2019

Ramnarayan Sons Pvt. Ltd. Through Director & Anr.
                                                       ----plaintiffs/appellants
                                   Versus
Srimati Nanudi W/o Late Mahaveerprasad & Ors.
                                                ----defendants/respondents

For Appellant(s) : Mr. Rohan Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/07/2022

Learned counsel for appellants submits that appellants-

plaintiffs are landlord of nohra in question and the same was let

out through rent deed dated 16.08.1977.

The trial court decreed the suit for eviction on the ground of

default and bona fide necessity vide judgment dated 22.03.2010

but on filing the first appeal by respondent-defendant, the first

appellate court has quashed and set aside the decree for eviction

with finding that relationship of landlord and tenant is not

established. Such findings of the first appellate court are perverse.

Heard.

Second appeal requires consideration and is admitted on

following substantial questions of law:-

"(I) Whether the finding of the first appellate court that the relationship of landlord and tenant between the plaintiff and defendant does not exist are perverse and contrary to the document of rent deed

(2 of 2) [CSA-445/2019]

dated 16.08.1977 and the evidence produced by the plaintiff on record?

(II) Whether the first appellate court has committed illegality and jurisdictional error in setting aside the judgment and decree dated 22.03.2010 passed by Civil Judge (Senior Division) Fatehpur Shekhawati, District Sikar in Civil Suit No.38/1993 and the same deserves to be upheld?"

Issue notice to respondents.

Record of both courts below be summoned.

In the meanwhile, both parties are directed to maintain

status quo in relation to property in question.

(SUDESH BANSAL),J

SAURABH/8

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