MAHABIR PRASAD KHANDELWAL Vs. GAYATRI DEVI

JUDGEMENT

(1.) DEFENDANTS are appellants. Admittedly, Mahabir Prasad Khandelwal defendant No. 1 was inducted as tenant in the suit premises detailed in Schedule to the plaint on monthly rental of Rs. 45/ -. Plaintiffs Gayatri Devi and Kisto Prasad Sah. who were wife and husband filed Title Suit No. 1 of 1984 for eviction against the defendants, namely, Mahabir Prasad Khandelwal and his full brother Rameshwar Lal Kandelwal on the grounds of personal necessity, default in payment of rent since August, 1980, and subletting in favour of defendant No. 2.

(2.) DEFENDANTS denied plaintiffs personal necessity default in payment of rent and sub -letting to defendant No. 2. It was asserted that both the defendants were full brothers and they were still joint and were living together.

(3.) SUBSEQUENTLY , on remand the trial Court considered the question of partial eviction in detail and held that partial eviction would not satisfy the plaintiffs need.