The trial companyrt dismissed the suit and the plaintiff appealed.
The premises was in possession of Surajmal in the capacity of a tenant and the respondent landlord prayed for a decree of eviction on the grounds of personal necessity and default in payment of rent.
The defendant approached the Madhya Pradesh High Court with an appeal under S. 100 of the CPC which was dismissed.
The appellant companyrt rejected the plea and decreed the suit.
Before the appellate companyrt the plaintiff urged only the ground of personal necessity which was accepted.
He thereafter filed the present appeal by special leave before this Court.
The defendant besides challenging the plaintiffs case, raised a plea of res judicata on the basis of a judgment dismissing an earlier suit on the ground of necessity.
The appeal was dismissed on the 17th of February, 1987.
Lalit Mohan Sharma, J. The present appeal arises out of a suit filed by the respondent Radheyshyam for eviction of the original appellant Surajmal from the demised premises companyprised of a shop described in the plaint.
