Sita Devi v. Rekha Bai
Case brief
What is this about?
Second appeal against eviction decree. Court dismissed appeal, holding suit maintained by power of attorney holder as family head, evidence valid, and partial eviction not required for single shop necessity.
What did the court decide?
Second appeal dismissed; eviction decree affirmed.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
JUDGMENT
Smt. Sita Devi Vs. Smt. Rekha Bai
S. B. CIVIL SECOND APPEAL NO. 189/2005.
under Section 100 CPC against the judgment and decree dated 11.2.2005 passed by Additional District Judge No.1, Ajmer in Civil Regular Appeal No. 53/97.
Date of Judgment : 4 February, 2014.
HON'BLE MRS. JUSTICE NISHA GUPTA
Mr VL Mathur, for appellant. Mr Vishwajeet Mantri, for respondent.
BY THE COURT
This second appeal under Section 100 CPC has been filed against the judgment and decree dated 11.2.2005 passed by Additional District Judge No.1, Ajmer in Civil Regular Appeal No. 53/97 whereby the appellate court has affirmed the judgment and decree of the trial court dated 28.1.97 passed by Civil Judge (J.D.), Ajmer in Civil Suit No. 217/93 by which suit for eviction has been decreed.
Issues for consideration
3 issues framed by the court
Whether the suit filed by a power of attorney holder is maintainable under Order 3 Rule 1 CPC.
Whether evidence of a power of attorney holder can be considered as evidence of the plaintiff.
Whether non-consideration of partial eviction by lower courts affects the eviction decree in a single shop tenancy case.
Parties & counsel
- appellant
Smt. Sita Devi
- respondent
Smt. Rekha Bai
Coram
Nisha Gupta
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CSA/189/2005
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