(1.) FEELING aggrieved by the judgment and decree dated 7-1-99, passed by 11th Addl. Judge to District Judge, Gwalior in Civil Appeal No. 9a/98 confirming the judgment and decree of eviction dated 2-2-98 passed by IInd Civil Judge, Class 2 Gwalior in Civil Suit No. 121-A/95, the defendants/appellants have come up in this second appeal praying for dismissal of the suit of the plaintiff/respondents.
(2.) DECEASED Mahesh Chandra Goel husband of respondent Shashi Goel and father of respondent Anil, Versha and Ritu had filed a suit for eviction and recovery of arrears of rent on the ground that defendants are tenant for Rs. 30/- per month of a portion of his house No. 548 situated at Sarafa Bazar, Lashker, Gwalior. Defendants have not paid rent since 20-8-84. The plaintiff himself is residing with his family in a rented house of Omprakash Bansal situated at Janakganj and therefore, he requires the accommodation for residential purposes of himself and his family. The plaintiff has further pleaded that he had no alternative accommodation available in the city of greater Gwalior.
(3.) THE defendant/appellants contested the suit of the plaintiff on the ground that apart from the accommodation in dispute, the plaintiff is owner of three houses situated Patankar Bazar, Vinay Nagar and Sikander Kampoo. However, the trial Court came to the conclusion that the accommodation in dispute is bonafidely needed for residential purposes of the family of the plaintiff. It was also found that there is no alternative suitable accommodation in possession of the plaintiff and therefore, the suit was decreed accordingly. The learned first appellate Court also agreed with the findings of the trial Court in dismissing the appeal of the defendant/appellants.