SARDAR SURJEET SINGH Vs. OM PRAKASH

JUDGEMENT

(1.) HEARD Sri Diwakar Rai Sharma, learned counsel for the defendant-appellant and Sri Pankaj Agarwal, learned counsel for the plaintiff- respondent.

(2.) THIS is a second appeal under Section 100 of the Code of Civil Procedure filed against the judgment and decree dated 29.9.2010 passed in Civil Appeal No. 65 of2005 by Additional District Judge, Court No. 11, Aligarh whereby the appeal of the plaintiff-respondent has been allowed and the suit for eviction has been decreed.

(3.) IN favour of his first submission Sri Sharma has placed reliance on the decision of a learned single Judge of this Court in the case of Kali Ram v. Mistri Udai, 2010(3) ARC 750, and has referred to paragraphs 23,24 and 25 of the said decision. Paragraphs 23, 24 and 25 of the judgment are quoted below: "23. Similarly, in the case of Koti Saroj Anamma and another v. Jonnalagada Malleswara Rao, AIR 1995 SC 1401:1995 SCFBRC 379, the Apex Court has held as follows: