BADRI NARAIN Vs. BHOPAL SINGH

JUDGEMENT

(1.) This second appeal is preferred to assail validity, correctness and propriety of the judgment and decree dated 18.3.2010 passed by learned Additional District Judge (Fast Track) No. 1, Bhilwara affirming the judgment and decree dated 24.3.2007 passed by learned Civil Judge (Junior Division) No. 2, Bhilwara in Civil Original Suit No. 2/2007.

(2.) The facts necessary to be noticed are that the Appellant Defendants are the tenants of the suit premises situated at the first floor of a building having area measuring 17' x 30'. Just adjacent to the suit premises the Appellant Defendants are also having their own property wherein they are running a guest house with lodging facility. The suit premises too is used for the purpose referred above. The Respondent Plaintiff filed a suit for eviction from the suit premises and that came to be decreed by the trial court by accepting bonafide necessity of the landlord. The judgment and decree granted by the trial court came to be affirmed by the first Appellant court, hence this appeal is preferred.

(3.) The contention of counsel for the Appellants is that the trial court as well as the first Appellant court erred in decreeing the suit in view of the fact that the findings given are beyond the pleadings made in the plaint and also that admissions made in the cross examination by the Respondent Plaintiff himself and his son Rajendra are contrary to the findings. It is also submitted that the Respondent Plaintiff concealed quite important and material facts while pleading his bonafide necessity. An application under Order 41 Rule 27 Code of Civil Procedure is also preferred seeking permission to place on record and to consider certain additional documents in evidence.