BAJRANG SINGH Vs. GIRRAJ PRASAD

JUDGEMENT

(1.) The appellant herein has come up by way of this appeal wherein, he has assailed the judgment and decree dated 9-7-1998 of the learned District Judge, Karauli in Civil Regular Appeal No. 22/93 whereby, the said Appellate Court had affirmed the judgment and decree of eviction of the learned Additional Munsiff, Karauli in Civil Suit No. 45/87 passed against the defendant-appellant for his eviction from the suit premises on the grounds of default and bona fide necessity in a suit filed by the plaintiff-respondent.

(2.) This appeal has been heard and is being disposed of finally at admission stage at joint request of both the parties on the following substantial questions of law qua the rival contentions of the parties.

(3.) The facts relevant for deciding the present appeal briefly stated are that before filing the second suit giving rise to the present appeal, earlier a suit was filed by the plaintiff on the sole ground of default, which was subsequently withdrawn by the respondents themselves in the year 1978. The present appeal has arisen out of second suit which was filed by the respondents on 11th November, 1980 for eviction and for arrears of rent on the grounds of (a) default, (b) material alteration, (c) subletting, and (d) bona fide necessity in respect of the suit property which is a shop premises on the following averments inter alia :-