RUKMA Vs. SHYAM LAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEF facts of the case are that the plaintiff/respondent filed a suit for eviction against the defendant/appellant alleging that the defendant is a tenant in the suit property on a rent of Rs. 150/- per month. The defendant paid rent to the plaintiff upto the period of January, 1982 but thereafter, she did not pay any rent to the plaintiff, therefore, the plaintiff sought a decree for eviction of tenant on the ground of default committed by the defendant in payment of rent. The plaintiff also pleaded that the suit property has been sublet to one NA Ansari by the plaintiff on monthly rent of Rs. 300/ -. Yet another ground for eviction is that the suit property is required for the personal need of the plaintiff as the plaintiff is residing in a rented house and the plaintiff has a large family of 14 members.

(3.) ACCORDING to learned counsel for the appellant, since the appellant herself appeared before the trial Court, therefore, the trial Court should have allowed the appellant to give her statement. In the application, she stated that she want to say only that she is not tenant in the suit premises and the name of her husband has wrongly been given by the plaintiff.