KANHAIYA LAL Vs. VISHWANATH

JUDGEMENT

(1.) THIS Civil Second Appeal under Section 100 CPC has been directed against the judgment and decree dated 2.6.1995, passed by learned District Judge, Sikar, reversing the judgment and decree dated 18.10.1994, passed by learned Civil Judge (Junior Division) and Judicial Magistrate, Sikar, and decreeing the suit of eviction filed by the plaintiffs-respondents.

(2.) THE brief relevant facts of the case are that late Shri Chiranji Lal filed a suit for eviction against the appellant Kanhaiya Lal on the ground that the appellant had materially altered the premises leased out to him without his consent. During the pendency of the suit plaintiff Chiranjilal died and his legal heirs (respondents) were brought on record. The Additional Civil Judge (Junior Division) and Judicial Magistrate, Sikar, vide his judgment and decree dated 18.10.1994, dismissed the suit holding that the plaintiffs failed to prove that defendant materially altered the premises leased out to him. On appeal, the learned District Judge, Sikar, after considering the material on record, vide his judgment and decree dated 22.6.1995, held that the defendant-appellant without the permission of plaintiffs converted the open Baramada into a room by constructing two pucca walls of bricks on both the sides of Baramada and putting a shutter in the front side. The learned District Judge allowed the appeal and decreed the suit for eviction. Being aggrieved with the said judgment and decree, the defendant-appellant has filed the present Civil Second Appeal.

(3.) THE finding recorded by the learned District Judge is a pure finding of fact and does not suffer from any error of law.