NARENDRA KUMAR S/O HEMRAJ KHAJANCHI Vs. LRS. OF LATE SHRI ASHKARAN BUCHCHA S/O SHRI BACHRAJ BUCHCHA

JUDGEMENT

(1.) The present second appeal under Sec. 100 Code of Civil Procedure has been filed by the plaintiff-appellant-landlord against the judgment and decree dated 22.02.2001 passed by the learned appellate court of Additional District Judge No. 2, Bikaner in Civil Appeal Decree No. 88/96 - Ashkaran Vs. Narendra Kumar , reversing the judgment and eviction decree dated 20.01.1996 passed by the learned trial court of Additional Civil Judge (Junior Division) & Judicial Magistrate, First Class No. 2, Bikaner in Suit No. 290/93 - Narendra Kumar Vs. Shri Ashkaran , decreeing the suit for eviction filed by the plaintiff-landlord, in respect of the suit property, a shop in question situated at Bikaner on the ground of non-user of the suit shop, with the following findings:- ...[VERNACULAR TEXT OMITTED]...

(2.) The learned appellate court, however, reversed the findings of the learned trial court with the following observations:- ...[VERNACULAR TEXT OMITTED]...

(3.) While admitting the present second appeal on 06.02.2002, a coordinate Bench of this Court framed the following substantial questions of law for consideration by this Court:-