USHAKUMARI Vs. PRINCE K.PAUL

JUDGEMENT

(1.) THIS Second Appeal arises from the judgment and decree in A.S. No.291 of 2008 of the Additional District Court, Kottayam granting a decree for eviction of the appellant as well, ap\ form the decree for recovery of rent arrears the trial court had granted.

(2.) RESPONDENT claimed that he is the owner of the room described in the plaint schedule, as per Ext.A5, assignment deed No.3779 of 2006 dated 04.10.2006 executed by its prior owner. Respondent needed the schedule room for his own purpose and filed O.S. No.214 of 2007 for eviction of the appellant after terminating the tenancy. There was also a prayer for recovery of rent arrears.

(3.) RESPONDENT challenged that part of the decree against him in A.S. No.291 of 2008. It is admitted that appellant did not either by way of an independent appeal or by cross objection challenge that part of the decree against her for payment of rent arrears.