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2023 Supreme(J&K) 231

SANJAY DHAR
Surinder Pal, S/o. Late Sh. Puran Chand – Appellant
Versus
Narinder Khajuria, S/o. Om Parkash Khajuria – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ved Raj Wazir, Sr. Advocate with Mr. Neeraj Magotra.
For the Respondent:Mr. Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma.

JUDGMENT :

1. By concurrent judgments by the two Courts below i.e. the Court of Munsiff, Basohli (hereinafter to be referred as “the Trial Court”) and the Court of Additional District Judge, Kathua (hereinafter to be referred as “the 1st Appellate Court”), have decreed the suit for eviction of the predecessor-in-interest of the appellants from the house and land appurtenant thereto, situated at Basohli, District Kathua in favour of the predecessor-in-interest of respondent/plaintiff. The appellants, who happen to be the succession-in-interest of defendant/tenant, have filed the present Second Appeal being aggrieved of the aforesaid judgments/decrees.

2. The 1st Appellate Court dismissed the appeal of the defendant vide impugned judgment dated 03.08.2012 affirming the judgment and decree of the Trial Court, which was rendered on 29.04.2006. The original suit was filed on 22.12.1988. The decree has been passed in favour of the landlord/predecessor-in-interest of the respondent herein, on the ground of personal bona fide necessity and on the ground of requirement for re-building of the suit property.

3. The appellants, who happen to be the successor-in-interest of the original defendant

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