HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.226 of 2009 APPELLANTSI: Preetam Singh (Defendants) (Died) Balbeer Singh, S/o late Preetam Singh, aged about 48 years, R/o Village Thankhamhari‘ya, Tahsil Saja District Durg (C.G.). b. Avtar Singh, S/o late Preetam Singh, aged about 45 years, R/o Village Thankhamhariya, Tahsil Saja District Durg(C.G.). Jasbir Singh, S/o late Preetam Singh, aged about 35 years, R/o Village Thankhamhariya, Tahsil Saja District Durg(C.G.). d. Smt. Satvant Kaur, Wd/o late Preetam Singh aged about 65 years, R/o Village Thankhamhariya, Tahsil Saja District Durg (C.G.); Versus RESPONDENT/: Durga Prasad S/o Samarmal Agrawal (Plaintiff) aged about 62 years, Occupation Shopkeeper, R/o Village Golbazar, Than Khamhariya, Tahsil Saja, doistrict Durgh (C.G.) {Second appeal under Section 100 of the Code of Civil Procedure, 1908} Present: r, Mr. P.P. Sahu, counsel forthe appellants. Mr. Ankit Singhal, counsel for the respondent. Sinqle Bench: Hon’ble Mr. T.P. Sharma, J JUDGMENT (26-9-201 1) 1. By this second appeal under Section 100 of the CPC, the appellants have challenged legality and propriety of the judgment & decree dated 31-3~2009 passed by the Additional District Judge, Bemetara in Civil Appeal No.11A/2008 affirming the judgment & decree dated 30-4-2008 & decrees and records of the Courts beiow. As per pleadings, evidence and judgments & decrees, the respondent herein has proved the ground for eviction. Concurrent nnding of both the courts betow is not required to be disturbed without any cogent ground. Detailed evidence and pleadings reveal that this is second civil suit for eviction also on the ground of arrears of rent and the appellants herein are regular defaulters in payment of rent. The respondent herein has proved the bona tide need. Considering the detailed pleadings and evidence, l do not find any substance in the appeal or substantial question of law involved in the appeal. Consequently, the appeal is liable to be dismissed and it is hereby dismissed, in limine. 4. l.A.Nos.1, 2, 6 and 7 stand disposed of. U1 SOma 2 @ passed by the 13‘ Civil Judge Class—I, Bemetara in Civi! Suit No.47A/2005. . l have heard learned counsel for the parties, perused both the judgments Considering the nature of suit/eviction from tenanted accommodation, if the appellants herein file undertaking before the trial Court that they will pay the dues recoverable under the decree and vacate the suit premises, four months’ time for eviction be granted to them. The appellants shall handover the suit premises on or before completion of four months from today. Parties shall bear their own costs. Advocate fees as per schedule. Decree be drawn up accordingly. T.P. Shanna Judge .