SABIR SINGH Vs. KOIRI AND OTHERS

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 17.7.2004 passed by the learned Additional District Judge, Fast Track Court No. II, Dhanbad in Title Appeal No. 8 of 1996 confirming the judgment and decree dated 15.2.1996 passed by learned Munsif, 2nd Court, Dhanbad in Title (Eviction) Suit No. 5 of 1982.

(2.) Mr. Manjul Prasad, learned senior counsel, appearing for the appellants, assailed the impugned judgment on various grounds, including that the eviction suit could not be decreed under the provisions of Order 8, Rule 7 of the Code of Civil Procedure (C.P.C.). He relied on the judgment of Rajendra Tiwari Vs. Basudeo Tiwari, reported in 2002(1) JCR 1 S.C.

(3.) It appears that the present suit was filed in the year 1982 on the ground of personal necessity and default for eviction from suit premises i.e. one room measuring 12 ft. X 8= ft.