VISHNU Vs. MEERADEVI

JUDGEMENT

(1.) THIS second appeal under Section 100 of the CPC is at the instance of defendant tenant in the eviction suit challenging the judgment of the first appellate court dated 29th March 2005 dismissing the civil appeal No. 62A/2004 and affirming the judgment of the trial court. The trial Court by judgment dated 13/9/04 in CS No. 26A/2001 had decreed the suit for eviction filed by respondent landlord.

(2.) THE respondent landlord had filed the suit for eviction pleading that the suit shop was let out to the appellant on monthly rent of Rs. 180 and it was required by the respondent for expansion of the medical profession of her husband Vijay Kumar and son Manoj Sanghai. It was further pleaded that the suit accommodation was also required for her son Manoj Sanghai for his engineering business. Inspite of the termination of tenancy on 21/1/2000, the appellant had not vacated the suit premises, therefore, the suit for eviction was filed. The appellant had opposed the suit pleading that the respondent was not in bonafide need of the suit premises and she had alternate suitable accommodation. The other grounds raised in the suit were also denied.

(3.) THIS court by order dated 4/10/2006 had admitted the appeal on the following substantial questions of law: -