S S KHURANA Vs. MAHAVEER PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the judgment and decree passed by the first appellate Court dated 24-8-1999 by which the first appellate Court reversing the judgment and decree of the trial Court dated 17-8-1998 and passed decree for eviction against the present appellant-defendant.

(3.) The brief facts of the case are that the plaintiffs-Mahaveer Prasad and Kesha Ram let out the suit premises to the defendant- appellant. It has not come in record that in which year the premises was let out to the defendant but the fact came on record is that in the year 1980, these plaintiffs-respondents, before filing present suit, filed one suit for eviction against the defendant- tenant which was registered as Civil Suit No. 81/80 in the Court of Munisif, Sriganga- nagar and that suit was dismissed by the trial Court on 27-2-1984. In that suit No. 81/80, there were allegations against the tenant, of causing material alteration in the suit premises and there was one more ground for seeking decree for eviction which is need of premises for establishing a photostat machine of one of the plaintiffs's son Ved Prakash. However, plea on the ground of personal necessity was not pressed by the plaintiffs which is clear from the judgment dated 27-2-1984 delivered in the Suit No. 81/80. Plaintiffs appeal against the above judgment was also dismissed.