BAIJ NATH GUPTA Vs. RAMESH CHANDRA GUPTA

JUDGEMENT

(1.) The appellant-defendant, Baij Nath Gupta, is aggrieved of the judgment and decree dated 3.12.2007 passed by Additional District Judge, No.1, Fast Track, Karauli, whereby the learned Judge has granted the decree of eviction in favour of the respondent-plaintiff.

(2.) The brief facts of the case are that the respondent-plaintiff, Ramesh Chandra Gupta filed a suit on 22.11.2000, for arrears of rent and eviction against the appellant-defendant on the ground of default in payment of rent, nuisance and substantial damage, requiring the premises for construction and reasonable bonafide necessity of the same for his son Amit Kumar for business. The appellant-defendant filed his written statement and denied the contents of the plaint except the tenancy of the shop initially on a rent of Rs. 1600/- per month, which subsequently increased to Rs. 3610/- per month under the New Rent Control Act. On the basis of the pleadings of the parties, the trial court framed eight issues. The respondent-plaintiff examined two witnesses including himself and submitted documents, whereas the appellant-defendant examined himself as the only witness, and submitted a few documents. After going through the oral and documentary evidence, the learned trial court passed the decree against the appellant-defendant vide judgment and decree dated 3.12.2007. Hence, this civil first appeal before this Court.

(3.) The learned Senior counsel for the appellant-defendant, Mr. J.P. Goyal has raised the following contentions before this Court-