MOST JAGTARANA KUER Vs. LALMUNI KUER

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal has been filed by the defendants-appellants against the judgment of affirmance passed by the lower appellate court. Originally Eviction Suit No. 03 of 1985 was filed by the plaintiff-respondents for eviction of the defendant-appellants on the ground of bona fide personal requirement of the plaintiff with respect to the suit premises and also on the ground of default in payment of rent by the defendants.

(3.) The said eviction suit was dismissed on 5.8.1988 and against the aforesaid judgment and decree of the trial court, the plaintiff filed Title Appeal No. 69 of 1988 which was allowed by the lower Appellate Court on 19.3.1992 setting aside judgment and decree of the trial court and remanding the matter to the trial court to take the evidence of Harihar Prasad Pandey if he was alive and if he was not alive then the entire matter on record was to be considered afresh before deciding the title suit.