SBCSA NO.74/2007 - JETHMAL V/S NAND LAL AND ORS. : JUDGMENT DATED 12.8.2008
1/2
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL SECOND APPEAL NO.74/2007
Jethmal
versus
Nand Lal and ors.
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
Mr.S.P.Sharma, for the appellant.
Mr.S.C.Maloo, for the respondents.
DATE OF JUDGMENT : 12th August, 2008.
JUDGMENT
1. Heard the learned counsels.
2. This appeal arises out of the judgment of first appellate
Court dated 29.1.2007 affirming the judgment of the learned trial
Court dated 17.7.2006. Both the courts below have granted decree of
eviction in favour of the respondent – plaintiff – landlord on the ground
of material alteration and default.
SBCSA NO.74/2007 – JETHMAL V/S NAND LAL AND ORS. : JUDGMENT DATED 12.8.2008
2/2
3. The learned counsel for the appellant – tenant has
submitted that the land in question was open land with three sides
covered with stone pattis and therefore, placing of sheds and raising of
wall, putting of water tank for opening a Dhaba/restaurant does not
amount to material alteration and therefore, the courts below have
erred in arriving at that finding.
4. The learned counsel for the respondent has urged that
both the Courts below have concurrently arrived at finding of facts that
there was no stipulation in the rent note that the premises in question
are being given with an intention to open a restaurant/dhaba for which
the tenant would be allowed to raise this kind of construction.
5. Having heard the learned counsel, this Court is of the
opinion that the findings of facts arrived at by the learned Court below
about the material alteration are findings of facts based on evidence on
record and no substantial question of law arises for consideration by
this Court. The second appeal is devoid of merit and the same is
accordingly dismissed. No order as to costs.
(Dr.VINEET KOTHARI)J.
Item No.46
Ss/-