ANIL KUMAR Vs. SAVITRI BAI

JUDGEMENT

(1.) This appeal under Section 100 of CPC is at the instance of plaintiff/landlord challenging the judgment of the first appellate court dated 20th December 2005 allowing the appeal of respondents/tenants and reversing the decree of eviction passed by the trial court.

(2.) In brief the appellant had filed the suit for eviction against the respondents/ tenant seeking eviction from the suit shop on the ground of non payment of rent, raising concrete column without permission and also causing nuisance by using the passage for serving food to the customers by putting table and chairs.

(3.) The suit was opposed by the respondents/tenants by denying the plaint averment and raising the plea that eviction was sought to letout the suit shop on higher rent.