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/-