UPPER INDIA CABLE CO Vs. BAL KISHAN

JUDGEMENT

(1.) The respondent, L. Balakrishnan, filed original suit No. 1010 of 1967 in the Court of Second Additional Munsif, Agra against a firm styled as "The Upper India Cables Ltd. and Ors." and its partners constituting the firm at the relevant time for eviction from the premises occupied by the firm as a tenant on the ground that the tenant has impaired the value and utility of the demised premises. The suit was resisted by the defendants - present appellants.

(2.) The suit for eviction was dismissed by the trial Court. The respondent-landlord preferred Civil Appeal No. 234 of 1970 in the court of II Additional Civil Judge, Agra. The appeal of the landlord succeeded and a decree for eviction was made. There was also a decree for mesne profits and cost.

(3.) The firm and the partners filed Second Appeal No. 1017 of 1971 in the High Court of Judicature at Allahabad.