LAL CHAND Vs. KESAR DEVI

JUDGEMENT

(1.) The defendant Lal Chand s/o Hari Ram by caste Darji has filed the present second appeal under Section 100 CPC being aggrieved by the eviction decree given by the courts below under the provisions of the Rent Control Act, 1950 on 9/9/1993.

(2.) The eviction suit was filed by the plaintiff Kesar Devi w/o Murlidhar Ginoria on 24/5/1984 about 31 years ago inter alia on the ground of default in payment of rent, personal and bonafide necessity of the landlady and her family members and material alteration in the suit property without the consent of the landlady.

(3.) The suit was decreed by the trial court in favour of the plaintiff on 27/5/1991 and while the personal and bonafide need of the landlady and her family members was found established deciding issue no.2 in favour of the landlady, the issues of material alteration and default in payment of rent was decided against the plaintiff. The relevant findings fo the learned trial court from its order dated 27/5/1991 are quoted below for ready reference:- <JUDIMG>1637649-4</JUDIMG>