VINAY KUMAR GUPTA Vs. AJAY KUMAR

JUDGEMENT

(1.) THIS second Appeal filed by the defendant -appellants against the judgment of affirmance arises out of an eviction suit filed by the plaintiff -respondent.

(2.) TITLE Suit No. 8 of 2002 was filed by the plaintiff -respondent for eviction of the defendant - appellants on the ground of default in payment of rent by the defendants as well as personal necessity of the plaintiff. The suit was decreed by the trial court on 21.11.2005 against which Title Appeal No. 2 of 2006 was filed by the defendant -appellants, which was dismissed by the lower appellate court by the judgment and decree dated 16.6.2006, which is under challenge in the instant second appeal.

(3.) THE second point raised by the appellants with respect to the question of personal necessity is that the court of appeal below has not given finding on all the issues nor has it assigned reasons therefore although it had been specifically held by the Hon ble Apex Court in the case of Workmen V/s. Industry Colliery of Bharat Coking Coal Ltd., reported in 2001 (4) SC C. 56 and also in the case of H.K.N. Swami V/s. Irshad Basith, reported in 2005 (X) SC C. 243 that the findings on all the issues with reasons should be given. In that regard, he also submits that the trial court has casually discussed the question of partial eviction, but the lower appellate court did not at all consider the same. 1/1/2013 Page 131 Suman Kumar Verma Versus Union Of India