- (1.) Heard the parties.
(2.) This second appeal has been filed by the defendant who was lost in both the courts below. A suit for eviction was filed by the plaintiffs against the defendant-appellant herein on the ground of default in payment of rent, personal necessity and subletting. The trial court though rejected the plea of default in payment of rent, but, decreed the suit for eviction on the ground of personal necessity and subletting. The appellate court, on consideration of evidence and materials on record, as upheld the findings of the trial court holding that the plaintiffs required the suit premises for their personal use. The findings with regard to the subletting was also affirmed by the appellate court.
(3.) Mr. Tetarbe, learned counsel appearing for the appellant submitted that the trial court did not discuss the evidence of any of the defendant-witnesses in the impugned judgment, and therefore, this judgment is liable to be set aside.;