BINOD KUMAR Vs. DHRUV NARAIN PRASAD

JUDGEMENT

(1.) Heard Shri Rajendra Narain, Senior Advocate appearing on behalf of the appellant and Shri Anil Kumar, Advocate appearing on behalf of the respondent.

(2.) This Second Appeal, under Sec. 100 of the Code of Civil Procedure, has been directed against the judgment and decree dtd. 11/3/2013 passed by Additional District Judge - V East Champaran, Motihari, in Eviction Appeal No. 1/09 (Supplementary Registration No. 1/10) dismissing the appeal and affirming the judgment and decree dtd. 21/7/2009 passed by Munsif, Raxaul at Motihari East Champaran (Motihari) in Eviction Suit No. 03/2007, whereby and whereunder the suit was dismissed.

(3.) The appellant is the plaintiff who filed the Eviction Suit for decree of eviction against the defendant over the suit premises (shop area 21 feet X 10 feet detailed in Schedule 'ka' of the plaint) on the ground of his personal necessity along with other consequential reliefs. The parties to this appeal hereinafter be referred to by their position in the suit.