PURUSHOTTAM Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS second appeal, under Section 100 of the Code of Civil Procedure Code, arises out of proceedings of eviction under the Rent Control Act. The Plaintiff filed a suit for eviction, alleging that the house which he had recently purchased was required for his own needs. The suit was resisted by the Defendant, the tenant. The trial Court dismissed the suit but on appeal, a decree was passed in favour of the Plaintiff. The present appeal is filed against the order of the first appellate Court.

(2.) SO far as the question in this appeal is whether the house is required for the use of the Plaintiff, it is a question of fact and cannot be disturbed in second appeal.

(3.) ANOTHER point urged by the Learned Counsel for the Appellant is that by accepting rent during the pendency of the suit, the landlord must be deemed to have waived notice to quit.