SHANKARLAL YADAV Vs. ARJUN SINGH

JUDGEMENT

(1.) ARGUMENTS heard. Record of C.S. No. 260-A/87, Court of IV Civil Judge Class II, Bhopal perused.

(2.) BEING aggrieved by the judgment-decree dated 3.5.2003, passed by ADJ, Bhopal in C.A. No. 14-A/02, affirming the judgment-decree dated 30.11.2001 passed by IV Civil Judge Class II, Bhopal in C.S. No. 260-A/87, tenant-defendant/appellant has preferred this appeal u/s 100 CPC.

(3.) THE Civil Judge vide judgment dated 30.11.2001 in C.S. No. 260-A/87 held that defendant-appellant is a tenant of plaintiff-respondents on a monthly rent of Rs. 25/- p.m. He has constructed a house of his own in the city at Bhopal and the same is suitable for his residence. Further, the joint family of the plaintiff-respondents consists of 45 members and the suit house is bona fide required by them for their own occupation and residence of other family members. Accordingly, the suit for eviction u/s 12 (1) (e) (i) has been decreed. Being aggrieved, the defendant-appellant preferred C.A. No. 14-A/02 before the ADJ, Bhopal. The Court below affirming the judgment-decree passed by Civil Judge in C.S. No. 260-A/87, dismissed the appeal vide impugned judgment dated 3.5.2002.