MAKSUDAN PRASAD KESARWANI Vs. ABID AHMAD

JUDGEMENT

(1.) This appeal is by the plaintiff against the judgment of affirmance passed in a suit for eviction and arrear of rent in which the plaintiff claimed eviction on three grounds, namely, personal necessity, material deterioration in the condition of building and default in making payment of rent from May to November, 1973.

(2.) The case of the defendant, in short is that the plaintiff has no personal necessity for the house in question and the defendant has not caused any deterioration in the condition of building muchless the material one so as to entitle plaintiff to seek execution decree. According to him, there was no default as he has partly paid the rental hand to hand and with regard to the payment of the balance rent there was an understanding between the parties that the plaintiff shall be making purchases of medicines from the shop of the defendant who shall be entitled to adjust the price of the medicines supplied to the plaintiff towards future rental.

(3.) The trial Court after considering documentary evidence dismissed the suit for as having recorded a finding against the plaintiff on all the three grounds for eviction. Being aggrieved by the aforesaid judgment and decree of the trial Court, the plaintiff preferred an appeal and the lower appellate Court dismissed the appeal and confirmed the finding of the trial Court on the question of personal necessity and material deterioration in the condition of building. So far the eviction on the ground of default is concerned, the appellate Court has recorded a finding in paragraph 9 of its judgment to the following effect: