EAIMAN NOOR BEE Vs. RAJKUMARI GANG

JUDGEMENT

(1.) A suit for eviction, recovery of rent and declaration filed by the plaintiff -respondents was decreed by the trial Court vide judgment and decree dated 25.11.2002 on the ground of denial of title, termination of tenancy as also default. The above judgment and decree passed by the trial Court has further been affirmed by the lower appellate Court vide judgment and decree dated 8.2.2008. Hence, the present appeal challenging the judgments and decrees passed by the Courts below. Learned Counsel for the appellants has vehemently submitted that the matter was argued by a Judicial Officer before the trial Court which is against the judicial propriety. The objection in regard to proper compliance of provisions of Section 106 of the Transfer of Properties Act has also been raised.

(2.) AFTER hearing learned Counsel for the parties, I have carefully gone through the material on record.

(3.) ON the basis of concurrent findings of fact since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. However, in the interest of justice, the defendant -appellants may now vacate the suit premises on or before 1.11.2008. An undertaking in this regard be submitted by the defendant -appellants before the trial Court within 15 days. In case of violation of any of the conditions of undertaking, the plaintiff -respondent shall be free to execute the decrees passed by the courts below in accordance with law.