LAWS(MPH)-2021-5-38

AJAY PAL SINGH KUSHWAH Vs. OMKAR SINGH PAL

Decided On May 03, 2021
Ajay Pal Singh Kushwah Appellant
V/S
Omkar Singh Pal Respondents

JUDGEMENT

(1.) This Second Appeal has been preferred under Section 100 of Civil Procedure Code, 1908 by the appellant against the judgment and decree dated 28.02.2020 passed in Regular Civil Appeal No. 184/2019 by XIII Additional District Judge, Gwalior, District Gwalior, whereby judgment and decree dated 27/09/2019 passed in Case No. 59A/2015CS by Second Civil Judge Class-II, Gwalior, has been confirmed and the suit of the plaintiffs/respondents has been allowed.

(2.) For the sake of convenience, hereinafter appellant will be referred as defendant and respondents will be referred as plaintiffs.

(3.) Brief facts of the case are that a suit was filed by the plaintiffs seeking eviction against the defendant. It was pleaded that rent was paid upto April, 2010, thereafter no rent was paid. The plaintiff was in bonafide need, therefore suit was filed. The issues were framed before the trial Court and respective witnesses of the parties were examined. On the basis of bonafide requirement, the suit was decreed in favour of the plaintiffs. Against which, first appeal was preferred, which was also dismissed. Hence, this second appeal by the appellant/defendant.