STATE OF M P Vs. VIRENDRA KUMAR TRIPATHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of a Judgment and decree dated 7th of August, 2007 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in SB Civil Second Appeal No. 229 of 2007 affirming the Judgment and decree passed by Addl. Civil Judge (Sr. Div.) and Addl. Chief Judicial Magistrate, Jaipur and Addl. District Judge, Jaipur, Rajasthan.

(3.) We have heard the learned Counsel for the parties and examined the impugned Judgment and other materials on record. On a perusal of the impugned Judgment of the High Court, it appears to us that the Second Appeal was dismissed by the High Court practically on the ground that the appellants had failed to pay off all the arrears of rent, as directed to be deposited by the interim order of the High Court dated 17th of April, 2007, although a finding was made by the High Court that in Second Appeal, the concurrent findings of fact on the ground of bonafide necessity, nuisance, default in making the payment of rent and material alteration could not be disturbed.