WAHIDULLA Vs. KAMRUNISSA

JUDGEMENT

(1.) This second appeal under section 100 of CPC is at the instance of defendant/tenant challenging the concurrent judgments of two courts below. Trial court by judgment dated 23/12/2006 had decreed the suit for eviction being CS No. 108- A/04 on the ground of arrears of rent and the first appellate court by judgment dated 17/5/07 by dismissing the regular civil appeal No. 12/07 has affirmed the judgment of trial court.

(2.) At the outset it may be mentioned that against the interlocutory order dated 19/7/2016 in this appeal the SLP(C) No. 32022/16 was filed which was dismissed by order dated 11/11/2016 by requesting this court to dispose off the appeal taking into consideration the fact that landlord is an aged lady suffering from various ailments expeditiously within six months.

(3.) The undisputed facts are that respondent no.1/plaintiff had let-out the suit premises on monthly rent of Rs. 125/-. The plaintiff had earlier filed CS No. 3A/95 for eviction of respondent no. 2 which was dismissed on 12/12/2002 and thereafter notice demanding arrears of rent was served and the present suit was filed.