MASTAN KHAN Vs. MOHAMMAD ISLAM

JUDGEMENT

(1.) THE appellant filed this appeal in person. By order dated 13.9.2004, Mr. Abbas Haider was appointed as counsel Amicus Curiae to appear for the appellant in the present case. He appears alongwith the appellant in person in support of the appeal.

(2.) THE defendant is the appellant against a judgment of affirmance in an eviction suit. It is directed against the judgment and decree dated 31.3.2003, passed by the learned 1st Additional District Judge, Ara, in Title Appeal No. 31 of 2002 (Mastan Khan V/s. Mohammad Islam), whereby the appeal preferred by the defendant (the appellant herein) was dismissed, and upheld the judgment and decree dated 2.5.2002, passed by the learned Munsif III, Ara, in Eviction Suit No. 3 of 1994 (Mohammad Islam V/s. Mastan Khan). The suit for eviction was decreed and upheld in appeal. We shall go by the description of the parties occurring in the plaint.

(3.) THE parties led evidence in support of their respective cases. The suit, as stated hereinabove, was decreed on contest. The learned trial court held that the defendant had fallen in arrears, and also held that the plaintiff needs the suit property reasonably and bona fide for personal necessity. Aggrieved by this judgment, the defendant appealed which has been dismissed by the impugned judgment. The learned court of appeal below has recorded its findings to the aforesaid effect. Hence this appeal at the instance of the defendant.