KHEMCHAND Vs. SANTOSH KUMAR AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant.

(2.) PLAINTIFF -Respondent No. 1 filed a suit for eviction in the trial Court against Defendant No. 1/Appellant and Defendant No. 2/Respondent No. 2, which was decreed by the trial Court against Defendant No. 1/Appellant on the ground of default in making payment of rent and reasonable bonafide necessity of Plaintiff. Being aggrieved with the same, appeal was preferred by the Defendant No. 1, which was also dismissed by the First Appellate Court, hence, this second appeal has been preferred on behalf of Defendant No. 1.

(3.) BOTH the Courts below have also recorded concurrent finding in respect of reasonable bonafide necessity of the Plaintiff of rented premise. The question of bonafide necessity of rented premise, in the facts and circumstances of the case, is also a question of fact and there is concurrent finding of fact by both the Courts below, which cannot be interfered with by this Court in second appeal under Section 100 CPC.