SURENDRA KUMAR PANDEY Vs. SANJAY KUMAR

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal filed by the defendant is directed against the judgment and decree dated 29.03.2005 passed by the 1st Additional District Judge, Datia in Civil Appeal No. 21A/2004 confirming the findings of Civil Judge, Class -I, Bhander in Civil Suit No. 24A/2004 vide judgment and decree dated 26.06.04 by which the suit filed by the plaintiff seeking eviction has been decreed on the ground of bonafide need, setting aside the decree on the ground of arrears of rent of the trial court.

(3.) THE defendant by filing the written statement had accepted the ownership of the plaintiff on the said suit shop wherein it is also stated that the defendant was a tenant w.e.f. 9.8.02 for a period of 10 months at the rate of Rs. 250/ - per month and not as Rs. 450/ - per month. The liability to pay the electric charges by the defendant has also been denied. It is said that the plaintiff himself has refused to accept the rent therefore the rent cannot be deposited well within the time. It is further contended that the plaintiff is not an unemployed person and also denied the need to run his grocery business. It is said that other reasonably suitable accommodation of his own is available in the township of Bhander, therefore the need of the plaintiff cannot be said to be genuine however prayer was made to dismiss the suit.