- (1.) Heard learned counsel for the parties and perused the record.
(2.) The defendant/tenant is aggrieved against the judgment of the trial court dated 22.4.1998 and appellate judgment dated 28.4.2004 as the trial court decreed the suit for eviction of the appellant/tenant and the first appellate court dismissed the appellant's appeal.
(3.) It appears from the facts of the case that the plaintiffs filed suit for eviction of the tenant on the ground that the suit premises is required for the plaintiffs as the plaintiffs will construct their house over the suit property. The plaintiffs also pleaded that the defendant is not using the suit premises since long. Another ground was of default in payment of rent. The defendant contested the suit and submitted that the tenant is using the premises and the plaintiffs have other alternate accommodation to live.;