BUDHAN SHARMA Vs. NIZAM SHEIKH

JUDGEMENT

(1.) THE tenants are the defendants -appellants. This appeal is against the judgment and decree of affirmance passed in Title (Eviction) Appeal No. 1 of 1994.

(2.) THE respondent -plaintiff filed suit for eviction against the defendants on the ground of default in payment of rent and personal necessity.

(3.) THE tenant -appellant then filed an appeal being Title (Eviction) Appeal No. 1 of 1994. The said appeal was finally heard and decided by the First Additional District Judge, Rejmahal by the impugned judgment and decree. The first appellate Court after hearing the parties, appraised the evidences on record and came to the findings of fact that there was relationship of landlord and tenant between the parties and that the defendant defaulted in payment of rent. It was also held that the plaintiff required the suit premises for personal need though not required in the circumstances of the case. The lower appellate Court has also considered and held that the partial eviction of the suit premises will not fulfill the need of the plaintiff. The lower appellate Court thus dismissed the appeal.