SANJAY KUMAR SINGH Vs. KESHARI DEVI AND ORS.

JUDGEMENT

(1.) BY this writ application, the Petitioner, a tenant under opposite party No. 1, has challenged the correctness of the judgment and order of the Chief Judicial Magistrate, Cuttack (opp. party No. 3) in Annexure 3 passed on appeal.

(2.) THE main question raised for our consideration is as to whether the Courts could allow evidence on the question of personal necessity when no such ground was made out in the application for eviction.

(3.) SEVERAL grounds for eviction of the Petitioner, such as, wilful default in payment of the rent, causing .damage to the cabin and demolition of the premises for the purpose of construction of a masonry structure over the same, were urged in the eviction application.