RANIDAN Vs. BAL KISHAN

JUDGEMENT

(1.) THIS appeal is by the defendant-tenant against the judgment and decree of the first appellate court dated 12. 10. 1987 by which the first appellant court set aside the judgment and decree of the trial Court passed for eviction of the defendant appellant on 27. 3. 1985.

(2.) BRIEF facts of the case are that the plaintiff filed the suit for eviction of the defendant-tenant. According to the plaintiff, the plaintiff purchased one house constructed on plot No. 629 and 630. This house was purchased by the plaintiff from one Roop Chand on 9. 4. 1979 for a consideration of Rs. 7951/ -. The description of the entire house is given in para No. 1. The total house consists of two rooms, one store, one chowk, one varanda and one stair. Out of this, a portion of the house which in fact was separated by the partition wall, was let out to the defendant's father. The rented premises consists of one room, one Pareda and one Kotha and Patiyal. It is alleged that the tenancy was created about 25 years ago and the rent was Rs. 8/- per month. The plaintiff in para No. 2 again gave description of the property which is in possession of the tenant. The plaintiff also submitted sketch map which has been exhibited as Ex. 7 to show the entire purchased property of the plaintiff and the portion let out to the tenant. The plaintiff also produced the sale deed by which he purchased the entire house and that sale deed has been marked as Ex. 1.

(3.) THE appellate Court, after hearing both the parties, reversed the trial Court's finding with respect to personal bona- fide necessity of the plaintiff but maintained the decree for eviction of the tenant on the ground of denial of title. THE defendant being aggrieved against the eviction decree on the sole ground of denial of title, preferred this second appeal, whereas the plaintiff respondent submitted cross objection against the reversal of the finding of the trial Court by the first appellate Court on the ground of personal bona-fide necessity of the plaintiff.