Dhanna Ram vs Tej Kumari
2023 Latest Caselaw 3049 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 124/2022

Dhanna Ram

----Appellant Versus Tej Kumari

----Respondent

For Appellant(s) : Mr. Joga Ram Patel Mr. Manish Patel For Respondent(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Order

13/04/2023

The following substantial questions of law arise in the

present appeal:

i) Whether the first appellate Court erred in reversing the

well reasoned finding of the trial Court regarding the reasonable

and bona fide necessity of the landlord without considering the

fact that the said necessity was not proved on record, rather it

was admitted that the landlord had a comfortable and alternative

residential premises in his possession?

ii) Whether the first appellate Court erred in non-complying

with the mandatory provisions of Order 41 Rule 31 of the Code of

Civil Procedure in so far as it proceeded on to decide the appeal

without framing any points for determination as provided under

the said provision?

Admit. Issue notice.

(2 of 2) [CSA-124/2022]

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellant for service

through registered post acknowledgment due.

Notices be made returnable within a period of four weeks.

Postal receipts of the 'dasti' notices be filed within a period of

one week from the date of receipt of 'dasti' notices.

Meanwhile the execution of judgment and decree dated

20.05.2022 passed by the Additional District Judge No.2, Jodhpur

shall remain stayed.

(REKHA BORANA),J 68-AbhishekS/-

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