HARI NARAIN SINGHAL Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 12.1.2009 passed by the Additional District Judge (Fast Track) No.4, Deeg (Bharatpur) in Civil Appeal No.42/2008 (7/2002) whereby the judgment and decree dated 7.1.2002 passed by the Civil Judge (Junior Division) and Judicial Magistrate, Kama (Bharatpur) in Civil Suit No.3/1999 has been up-held. Briefly stated, the facts for the disposal of the present second appeal are that the plaintiff-respondent filed a suit for eviction of the shop in the year 1980 on the basis of default and personal necessity. The learned trial court dismissed the suit by giving benefit of first default.

(2.) AN appeal was preferred which was also dismissed on 31.10.1992. The present suit has been filed by the plaintiff-respondent on1 6.11.2001 for the need of the family members on account of partition which took place between the family members. The shop in question came in the share of the plaintiff.

(3.) IN case the appellant fails to deposit or pay mesne profits consecutively for two months or violates above conditions, then the plaintiff-respondent shall be at liberty to get the decree executed without reference to the court.