BHIMSEN GUPTA Vs. BISHWANATH PRASAD GUPTA

JUDGEMENT

(1.) The defendant is the appellant against a judgment of reversal. This appeal is directed against the judgment and decree dated 16-8-2000, passed by the learned 7th Additional District Judge, Munger, in Munsif Eviction Appeal No. 3/2000/2/2000 (Bishwanath Prasad Gupta v. Bhimsen Gupta), whereby he has dcreed the suit for ejectment after setting aside the judgment and decree dated 29-3-2000, passed by the learned Munsif 2nd Court, Munger, in Eviction Suit No. 19/94 (Bishwanath Prasad Gupta v. Bhimsen Gupta). The suit for ejectment and consequential relief was dismissed by the trial Court and has been decreed by the learned Court of appeal below. We shall go by the description of the parties occurring in the plaint.

(2.) The plaintiff instituted the suit for ejectment of the defendant and recovery of possession on the grounds of default in payment of rent as well as personal necessity with respect to the plaintiffs khatal bearing holding No. 210(old), No. 332(new), situate in Mohalla Betwan Bazar, P.S. Kasim Bazar, District Munger. The defendant filed the written statement and contested the-suit. He admitted the relationship of landlord and tenant. However, according to their case, there was no default in payment of rent. Part of the period of alleged default fell beyond a period prior to three years of the date of institution of the suit, and other part of the alleged default fell during the pendency of the suit which was introduced by amendment of the plaint. Their further case was that the plaintiff does not need the suit property bona fide for their personal necessity.

(3.) On the basis of the pleadings of the parties, the trial Court framed the following issues for consideration:--