ALLAHABAD BANK, INDUSTRIAL ESTATE BRANCH Vs. ARATI MISHRA

JUDGEMENT

(1.) THE present appeal has been filed by the Appellant -Allahabad Bank Under Section 96 of the Code of Civil Procedure seeking to challenging the Judgment & decree dated 10.8.2006 passed by the First Addl. Civil Judge (Senior Division), Cuttack in Civil Suit No. 116 of 2003 whereby, the Trial Court decreed the suit in favour of the Plaintiff & directed eviction of the Defendants (Appellant herein) & further directed payment of arrear & current house rent as well as damages in favour of the Plaintiffs.

(2.) SHORN of unnecessary details based on the pleadings of the respective parties, the Trial Court framed the following issues:

(3.) SRI B.K. Mohanty, Senior Advocate for the Defendants, on the other hand, submitted that all the aforesaid contentions raised by the Appellants -Bank had been dealt with by the Trial Court, on its own merits & the Trial Court had come to a conclusion after discussing the necessary legal provisions as well as the case laws. Therefore, there was no merit whatsoever in the contentions raised by the Bank. He advanced various arguments opposing the contentions raised by the Appellants - Bank & further submitted that, in the facts of the present case even if the contention of the Bank that it had a right to continue in possession, the same would be at best be based on an agreement signed between the parties on 30.9.1999 only (without admitting) & since the said period has already come to an end, there is no legal basis on the Appellants -Bank to continue in possession of the premises.