TAJ MOHD Vs. CHOUSAR BAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present second appeal has been filed by the appellants-defendants-tenants, who are the legal representatives of original defendant-tenant Taj Mohd., aggrieved by the judgment and decree of the first appellate court dated 02.07.2011 in Civil Appeal No.66/2001-Taj Mohd. (since deceased) through his legal representatives Vs. Smt. Chousar Bai (since deceased) through her legal representatives, whereby the learned lower appellate court dismissed the appeal filed by the appellants-defendants and upheld the judgment and decree dated 19.10.2001 passed by the learned trial court of Civil Judge (Jr. Division), City (D), Udaipur in Civil Original Suit No.321/97-Smt. Chousar Bai Vs. Taj Mohd. whereby the eviction decree was passed against the appellant-defendant on the ground of personal and bonafide need of the landlady for her grand-sons.

(3.) At the outset, it may be noted that the decree of eviction has already been executed and the possession of the suit premises (a residential house) has been handed-over back to the respondent-plaintiff-landlord during the pendency of the present second appeal and the suit property being in dilapidated condition has been dismantled under the directions of the municipal authorities.