PURSHOTTAM Vs. RAJENDRA KUMAR SEN

JUDGEMENT

(1.) FEELING aggrieved by judgment and decree dated 11-7-1996 passed in Civil Appeal No. 20-A/93 by Third Additional Judge to the Court of District Judge, Gwalior, the plaintiff/appellant has come up in this second appeal praying for restoration of the judgment and decree dated 28-7-93 passed by 10th Civil Judge Class-II, Gwalior, in Civil Suit No. 263-A/91.

(2.) THE plaintiff/appellant had filed a suit for eviction against respondent/defendant on the averments that defendant is the tenant of the plaintiff's house from the time of his predecessor, Shri Afle, from whom he has purchased the suit property by registered sale-deed dated 10-4-1981. It was further averred that prior to the purchasing of the house, he was living in a tenanted house. The house is in a dilapidated condition and it can fall at any time. The roof of the tenanted premises stands cracked at various places. The defendant is a bad pay master and had not paid the rent since the time of his predecessor and while purchasing the house by the plaintiff/appellant, vide the sale-deed itself, there was a recital that the defendant has not paid the rent since 1-10-80 and, therefore, the plaintiff would be entitled to recover the same.

(3.) THE defendant/respondent denied the plaint averments and inter alia pleaded that the transaction of sale is a shame transaction and had been arrived at only because Shri Afle was not legally entitled to get the defendant from the house evicted. Bona fide need of the plaintiff was also denied.