NAWAL KISHORE SAH, SON OF FEKAN SAH, RESIDENT OF MUZAHIDA PARBATTA, P.O. + P.S. PARBATTA, DISTRICT KHAGARIA Vs. JHAKO DEVI, WIFE OF CHAMAK LAL SAH

JUDGEMENT

(1.) Heard learned Counsel for the appellant and also the learned Counsel for the respondents.

(2.) The plaintiff is the appellant in this appeal against the judgment and decree of reversal dismissing the suit for eviction filed by the plaintiff.

(3.) The plaintiff filed the suit for eviction of the defendant from the suit premises on the ground of personal necessity. The suit was decreed holding that there was relationship of landlord and tenant and further that the plaintiff had got personal necessity for the suit premises. However, in appeal, the appellate court below on reappraisal of evidence has reversed the findings of the trial court and set aside the judgment and decree passed by the trial court. The present appellant had initially filed an application under Art. 227 of the Constitution of India questioning the legal sustainability of the judgment and decree passed by the appellate court below. However, by order dated 11.1.2013 this Court after hearing the parties allowed the prayer made on behalf of the appellant to convert the said application into a second appeal. Accordingly, the present second appeal after conversion has been placed for hearing under Order 41, Rule 11 CPC.