LAWS(ALL)-2013-5-410

NEERAJ KUMAR AND ANOTHER Vs. KAMLESH SINGH

Decided On May 23, 2013
Neeraj Kumar And Another Appellant
V/S
KAMLESH SINGH Respondents

JUDGEMENT

(1.) Heard learned counsel for both the parties and gone through the record.

(2.) This second appeal has been preferred against the judgment and decree dated 04.06.2010 passed by the Learned Civil Judge, (J.D.) Sadar, Faizabad in Suit No. 73 of 1999, by which the plaintiff's suit for eviction was decreed with cost together with pendentalite in future damages @ Rs. 300.00 per month w.e.f. 01.02.1999, which was confirmed vide judgment and decree dated 29.02.2011 passed by learned Additional District Judge, Court No. 08, Faizabad in Civil Appeal No. 105 of 2010. Admittedly the plaintiff is the mother and the defendants are her son and daughter in law who are appellant before this Court. The mother has filed a suit against her own son for eviction from the house in suit which was admittedly purchased through registered sale deed in the name of the plaintiff. The defendant who is appellant no. 1 before this Court being son of the respondent was permitted to occupy the said house which he did not vacate. Hence the suit was filed. Both the courts below have discussed the entire evidence led by the parties in a judicial manner.

(3.) A detailed hearing and perusal of the judgment and orders of both the Courts below made it abundantly clear that no substantial question of law is involved in this appeal. Even appreciation of evidence by the two Courts below has not been assailed before this Court.