2007 Supreme(Raj) 1965
RAJASTHAN HIGH COURT
N.K.Jain, J.
Mohan Das - Appellant
Versus
Smt. Bashiran - Respondent
S.B. Civil Second Appeal No. 524 of 2002.
Decided On : 21-08-2007
Advocates:
For the Appellant:J.P. Goyal, Advocate.
For the Respondent:Reashm Bhargava, Advocate.
Headnote:Civil Procedure Code, 1908 – S. 100 – Second appeal – Suit for Eviction –
Grounds for decree – default in rent payment – question of fact involved – appellant held defaulter by courts below on fact recorded in concurrent findings – appeal dismissed.
JUDGMENT
1. - Heard learned Counsel for both the parties.
2. The plaintiff-respondent filed a suit for eviction in respect of the rented premises on various grounds, but it was decreed by the Trial Court on the ground of default in making the payment of monthly rent. The defence of the defendant was also struck of in the present case. The First Appellate Court has affirmed the finding of the Trial Court.
3. I have heard the learned Counsel for both the parties and after considering their submissions in the light of the findings of both the Courts below. I find that the issue relating to default in the present case, relates to the question of fact and there is a concurrent finding of fact recorded by both the Courts below in this regard, which cannot be Interferred with this Court in second appeal under section 100, C.P.C.
4. No substantial questions of law are involved in this second appeal and the same is accordingly dismissed in limine.Appeal dismissed.
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