SAVITRI SONI Vs. NEKSE

JUDGEMENT

(1.) This second appeal has been filed by the appellants/ plaintiffs against the judgment and decree passed by the learned Second Additional District Judge, Gwalior in Civil Appeal No. 54-A/84 , judgment and decree dtd. 18/8/2001 wherein the appeal filed on 9/2/1982 by which the learned First Appellate Court confirmed the judgment and decree passed by the learned Fourth Civil Judge, Class II, Gwalior in C.S. No. 532-A/75 ( Navalkishore Vs Nekse), judgment and decree dtd. 12/1/1982 dismissed the suit of the plaintiff for eviction of tenant from House No. 346/29, Lohia Bazar, Lashkar and payment of arrears of rent.

(2.) It is not disputed that the suit property was originally rent to Nekse on 1/9/1962 on a rent of Rs.25.00 per month.

(3.) The trial Court, after hearing the parties and on he basis of their pleadings and evidence adduced, held that the tenant has not encroached upon the additional space besides the area rented out to defendant. The trial Court further held that the plaintiff does not require rented premises for repair or for new construction and, therefore, do not find it bonafide for the same purpose. It further held that rent is due on defendant but on account of the fact that plaintiff did not accept the rent.