RAM SAHAI Vs. LALCHAND PARAKH

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for eviction filed by the plaintiff-respondents on the ground of personal bona fide necessity. Learned trial Court after having considered the evidence passed a decree in favour of the plaintiffs' for a piece of land 8 x 8 yards which was in the tenancy of the defendant-appellant. So far as the adjoining land of the plaintiff-appellants was concerned over which the defendant-tenant has made encroachment, the said relief of possession was rejected by the learned trial Court.

(2.) Both the defendant-tenant as well as the plaintiff-landlord preferred two separate appeals against the judgment of the learned trial Court dated 19.9.1997. Learned trial Court after consideration of entire material and having heard learned counsel for the parties affirmed the decree of the learned trial Court with regard to 8 x 8 yards of land for the eviction of tenant on the ground of personal bona fide necessity from the same and in addition to the aforesaid also decreed the suit in terms of the prayer made in the plaint for the remaining part of the land as described in plaint for which relief has been sought for possession over which the defendant-tenant had made encroachment. Consequently it decreed the suit of the plaintiff-respondents for eviction as well as possession and charges for use and occupation.

(3.) Being aggrieved by the aforesaid judgment and decree passed by the learned appellate Court dismissing the appeal filed by the defendant-appellant and accepting the appeal filed by the plaintiff-respondents, the defendant-tenant has come up in second appeal u/s. 100, CPC.