SHANTI Vs. BRIJMOHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Plaintiffs-respondents filed a suit for eviction against the defendants in respect of rented premise on the ground of default in making payment of monthly rent, personal bonafide necessity and denial of title. Trial court decided the issues relating to default in making payment of monthly rent and personal bonafide necessity in favour of the plaintiffs and issue relating to denial of title in favour of defendants. In view of findings on issues relating to personal bonafide necessity and default, trial court decreed the plaintiffs' suit.

(3.) Being aggrieved with the same, an appeal was preferred by the defendants. First appellate court modified the finding with regard to issue relating to default in making payment of monthly rent and did not pass decree of eviction on this ground, but so far as finding with regard to issue relating to personal bonafide necessity is concerned, the same was affirmed by the first appellate court and defendants' appeal was dismissed. Hence, this second appeal has been preferred on behalf of the defendants.