MOTI BAI Vs. CHAITANYA GIRI & ANR

JUDGEMENT

(1.) This civil second appeal has been filed by appellant-defendant Smt. Moti Bai being aggrieved by the judgment and decree dated 14.09.2011 passed by learned Additional District Judge No.1, Udaipur in Civil Appeal No.06/2003, by which the learned first appellate court has dismissed the appeal filed by appellant-defendant and affirmed the judgment and decree dated 14.02.2003 passed by learned Civil Judge (Junior Division), Udaipur in Civil Original Suit No.224/2002, whereby the learned trial court has decreed the suit filed by respondent-plaintiffs.

(2.) The brief facts of the case are that the respondentplaintiffs filed a suit for eviction against the appellant defendant in respect to the suit property inter alia stating that the appellant-defendant is tenant in the disputed premises and the rent is fixed at the rate of Rs.800/- per month. It is further averred that the plaintiffs are father and son respectively and in pursuance to an oral partition, the disputed premises has come into the share of plaintiff No.2 and the said premises is required by the plaintiff No.2 for the residence of his family. It is further averred that the appellant-defendant has established flour mill in the said premises and hence creating nuisance. With these averments, a decree of eviction was sought on the ground of bonafide necessity and nuisance.

(3.) The appellant-defendant filed written statement denying the partition between the plaintiffs and also the bonafide necessity of the plaintiff No.2. It is stated that the business run by the appellant-defendant in the aforesaid premises is the only source of livelihood of her family and in case of eviction, the appellant-defendant would suffer great hardship and thus, denied both the grounds of eviction.