MOOLI BAI Vs. TEJ KARAN

JUDGEMENT

(1.) DEFENDANT appellant has preferred this appeal against the judgment and decree passed by the learned Civil Judge -cum -Chief Judicial Magistrate, Sambher, dated 9th August, 1985. Learned Chief Judicial Magistrate confirmed the decree passed by the learned Munsif, Sambhar, dated 28th August, 1981 in Civil Suit No. 1/77.

(2.) PLAINTIFF initiated a suit against the defendant for the eviction on 20th December 1976 on three grounds, (i) default, (ii) damage to the property (iii) nuisance.

(3.) MR . Jain counsel for the opposite party submitted that on this point of necessity no evidence has been led, and, as such, this Court should not embark and should decide the matter. There is a clear violation of the provisions of Section 14(2) and the judgment and decree of the court below have to be set aside. The court below will also consider the bonafide necessity taking into consideration the allegation of the vacant shop and will decide the matter afresh after due discussion.