1. The appellant/landlord has filed this second appeal under Section
100 of the Code of Civil Procedure challenging the judgment & decree
dated 10/09/2005 passed by the First Additional District Judge, Guna in
Civil Appeal No.87-A/2004, whereby the judgment and decree dated
20/08/2004 passed by the First Civil Judge, Class- II, Guna in Civil Suit
No.31-A/2003 has been affirmed. Vide aforesaid judgment & decree,
both the Courts have dismissed the appellant’s suit for eviction filed
against the defendants.
2. For purposes of convenience, the appellant is referred to as
‘plaintiff’ while respondents are referred to as ‘defendants’ as per their
respective status in the civil suit. The suit shop in this order would
mean the shop situated at Sadar Bazar, Guna. The identity of the shop is
not in dispute between the parties.
