J U D G M E N T

This Second Appeal, under Section 100 of CPC, has been filed against judgment and decree dated 21/9/2021 passed by Third District Judge, Gwalior (M.P.), in RCA No.217 of 2019 arising out of judgment and decree dated 15/11/2019 passed by 14th Civil Judge Class II, Gwalior, in MJC No.9 of 2016.

2. Facts necessary for disposal of present appeal, in short, are that respondent No.1 filed Civil Suit No.102A/2014 for eviction against respondent No. 2 on the ground of subletting and bona fide need for residential purposes. On 31/7/2015, judgment and decree were passed in favor of respondent No.1. It appears that appellant filed an application under Order 21 Rule 97 CPC, alleging that the suit for eviction was collusive and under the garb of a collusive suit, appellant is being dispossessed. Appellant claimed he is not a sub-tenant but is in possession of the property in his independent right. Respondent No. 1 had executed a rent agreement through his son, Deepak Puruswani, and handed over possession of the property in dispute for running a hospital. Accordingly, appellant has established a hospital in the name of Chiranjeev Hospital Services Private Limited, and respondent No