RUKMINI DEVI Vs. ASHOK KUMAR KESHARI

JUDGEMENT

(1.) Defendants are appellants. Title (Eviction) Suit No. 106 of 1983 was filed by plaintiffs for eviction of defendants from the suit shop, detailed in Schedule to the plaint, both on the grounds of personal necessity and default in payment of rent. Further relief for recovery of arrears of rent was also sought.

(2.) According to plaintiffs, plaintiff No. 2 was working as private servant, plaintiffs 3 and 5 were selling betal in rented wooden gumti, and plaintiff No. 4 was doing small contract works. The suit shop was situated in market and was most suitable place for doing business of grocery and other articles. Plaintiffs' residential house was also too small to accommodate the growing number of family members, so the suit shop was required by plaintiffs for their personal use and occupation.

(3.) Plaintiffs' further case was that defendants defaulted in payment of rent@ Rs. 14.00 per month from October 1978 onward and thereby were also liable to be evicted from the suit shop on the ground of default in payment of rent. However, since arrears of rent beyond three years of the date of filing the suit was barred by limitation, only a sum of Rs. 504.00 was claimed for the months December 1980 to November 1983.