ROMA BHAGAT Vs. NOPANY & SONS PVT. LTD.

JUDGEMENT

(1.) This appeal is filed by defendant/tenant aggrieved by judgment dated 25.3.2010. Suit was filed for eviction of the defendant from suit schedule property. C.A.N. 979/2013 was filed for judgment and decree on admissions of defendant/tenant in affidavit-in-opposition in G.A. 114/2009.

(2.) In the schedule to the plaint, the suit property is described as 'A' Schedule property consisting of partly three storied, partly two storied and partly one storied together without houses being demarcated major portion of the premises no.11 in all measuring about 29 cottahs.

(3.) According to plaintiff before the Trial Judge, the affidavit-inopposition filed by the defendant in G.A. No.114 of 2009 virtually admits the case of the plaintiffs. Further defendant placed an affidavit explaining the statement made in the earlier affidavit and according to him, suit was not maintainable as no notice for ejectment was served on him. However, plaintiffs sought for final judgment as provided under Order 12 Rule 6 of the Code of Civil Procedure.