SIWAN, P.S.-SIWAN TOWN, DISTRICT-SIWAN Vs. UMASHANKAR PRASAD SON OF LATE KALI PRASAD, RESIDENT OF MOHALLA-NAYA BAZAR, P.S.- SIWAN TOWN, DISTRICT-SIWAN

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.

(2.) THIS second appeal has been filed by the sole defendant -appellant -appellant against the judgment and decree of both the learned courts below. The matter arises out of Eviction Suit No. 21 of 1995 which was filed by the sole plaintiff - respondent -respondent for eviction of the sole defendant from the suit premises which is a shop room, on the ground of personal necessity of the plaintiff as well as the default in the payment of rent by the defendant.

(3.) THE said suit was decreed by the learned Munsif -l, Siwan on contest without cost vide judgment and decree dated 4.8.2004. Against the aforesaid judgment and decree of the learned trial court, the defendant filed Title Appeal No. 35 of 2004, which was dismissed on contest without cost by the learned Additional District Judge -cum -Fast Track Court No. -III, Siwan vide his judgment and decree dated 18.7.2008. The said judgments and decree of the learned courts below are under challenge in the instant second appeal.