AKBAR ALI Vs. ALI MOHAMMED

JUDGEMENT

(1.) This second appeal is by defendant Akbar Ali against whom a decree for eviction from the suit has been passed by both the courts below. The facts of the case are these.

(2.) Akbar Ali is the tenant of the suit house since 16.5.63 at the rate of Rs. 51/- per month. Ali Mohammed, the owner of the house served quit notice on Akbar Ali calling upon him to surrender vacant possession of the house as he wanted the same for his own use. The tenant having failed to surrender possession, Ali Mohammed sued Akbar Ali for eviction and for arrears of rent. The suit was tried by Additional Munsif Court No. 2, Udaipur The grounds on which the eviction was sought were two fold: one that the defendant had not paid the rent from 16.12.1969 to 16.7.70 i e. for a period of seven months and as such he was a defaulter. The second ground was that the plaintiff required the suit house for personal necessity.

(3.) The suit was resisted by the defendant-tenant. After trial the learned trial Judge accepted the case of the plaintiff and decreed his suit for eviction. The defendant unsuccessfully appealed. The appeal was dismissed by the Additional Civil Judge, Udaipur by his order dated 11.12.1974. This order is the subject matter of challenge in the second appeal.