SALAMAT Vs. LEGAL REPRESENTATIVES OF BABU KHAN MARHUM

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned District Judge, Sirohi dated April 3,1989 by which he dismissed the appeal and confirmed the judgment decree of the Munsif, Abu Road dated October 4,1983, decreeing the suit for rent & ejectment. The facts of the case giving rise to this appeal may be summarised thus.

(2.) THE plaintiff Babu Khan (father of the respondents) filed suit for the recovery of arrears of rent & ejectment against the defendant-appellant on the grounds of default in payment of rent, nuisance and reasonable & bona fide necessity. THE defend ant admitted that he is in occupation & possession of the demised room on monthly rent of Rs. 15/- and traversed all other averments of the plaint. After framing necessary issues & recording the evidence of the parties the trial court decreed the suit on the ground of nuisance and reason-able & bona fide necessity, during the pendency of the suit, the plaintifl Babu Khan died and his legal representatives, i. e. , three sons and one daughter were duly brought on record. THE defendant preferred an appeal before the learned District Judge, Sirohi. It was dismissed by his judgment under appeal Ejectment on the ground of reasonable & bona fide necessity was affirmed and not on the ground of nuisance.

(3.) CONSEQUENTLY, the appeal is summarily dismissed. The appellant is given three months time to vacate the demised premises. .