NAGINA DEVI Vs. RADHASWARI DEVI

JUDGEMENT

(1.) HEARD Mr. L.K. Lal, learned counsel for the petitioner.

(2.) THIS civil revision application is directed against the order dated 3.10.2002 passed in Title (Eviction) Suit No. 41/2001 by the Munsif Bermo at Tenughat whereby the Court below has granted leave to the defendant -opposite party to contest the suit for eviction filed on the ground of personal necessity.

(3.) IN the instant case the only irregularity committed by the defendant - opposite party is that before filing affidavit seeking leave of the Court she filed written statement. However, subsequently an affidavit seeking leave of the Court to contest the suit by filing written statement was filed. The learned Court below considered the written statement and found that the defendant denied and disputed not only the relationship of landlord and tenant but also disputed the plea of personal necessity of the plaintiff. The Court came to the conclusion that for the ends of justice it is a fit case where leave should be granted to the defendant -opposite party to contest the suit.