MANNALA Vs. BRAJWASI GAUR SANADHYA BRAHMAN SAMAJ

JUDGEMENT

(1.) This second appeal under Sec. 100 of Civil Procedure Code is at the instance of defendant/tenant challenging the concurrent decree of eviction passed by the two courts below. Trial court by judgment dated 22/6/2013 had decreed the suit for eviction and first appellate court by judgment dated 3/1/17 by dismissing the appeal has affirmed the judgment of trial court.

(2.) The respondent/plaintiff had filed the suit for eviction pleading that the suit premises was given on rent to the appellant for the purpose of grain shop for 11 months but the appellant has closed the shop and is working as Advocate/Notary, therefore, the suit shop is not required by him. It was further pleaded that the suit premises is required by respondent/Samaj since their existing building is inadequate therefore, they want to demolish the construction and raise a new building for the Samaj. The notice of eviction was given to the appellant, thereafter the suit was filed.

(3.) The suit was opposed by the appellant by filing written statement and denying the need of respondents and also denying the ground for eviction raised therein.