NAVIN SINHA Vs. KALAWATI DEVI

JUDGEMENT

(1.) BY Court -Heard the learned counsel for the petitioner and learned counsel for the State.

(2.) PERUSED the papers.

(3.) BRIEF facts of this case is that Opposite Party (Original Plaintiff) is the owner of Municipality Holding No. -77 and the Petitioner (Original defendant) is the monthly tenant under him on a monthly rent of Rs.150/ - in respect of portion of the said Holding. A Title (Eviction) Suit No. 67 of 2003 filed by the Opposite Party (Original Plaintiff) on the ground that the Petitioner (Original defendant) paid to her the monthly rent last till June 2002 but did not pay the rent, thereafter and also on the ground that she required the house for her personal necessity as the Opposite Party (Original Plaintiff) and their family members are residing in a rented house and there are 15 members in her family. The Opposite Party (Original Plaintiff) also averred that the Petitioner (Original defendant) had agreed to vacate the premises within two month but he had refused to vacate on 08.09.2002. In the Title (Eviction) Suit Plaintiff (Original defendant) appeared and filed Written Statement and denied the averment of the Opposite Party (Original Plaintiff) on the ground that he is the owner of the suit premises and is residing therein since more than 42 years and opposite party/Original Plaintiff has no right title and interest in respect of the said premises and he seriously disputed the title of the Opposite Party (Original Plaintiff).