BALU LAL Vs. VINOD KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The tenant is the appellant. By the impugned judgment the second appeal filed by him has been dismissed by the High Court at the admission stage finding that no substantial question of law is involved. The facts in brief are as follows :

(3.) A petition for eviction on various grounds was filed against the appellant in the year 1979. The ground of eviction relevant for the present purposes is only the bona fide need of the respondents under Clause (h) of sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. Under the said provision the Court on being satisfied that the premises are required reasonably and bona fide by the landlord for the use or occupation of himself or his family members could pass a decree in favour of the landlord directing the eviction of the tenant. In the present case, a decree for eviction was passed against the appellant on 12th February, 1986. The first appeal filed by the appellant was dismissed by an Additional District Judge on 6th May, 1993. The decree of the trial Court and the order in appeal were, however, set aside by the High Court in second appeal preferred by the appellant. In terms of the decision dated 21st December, 1993, the High Court, inter alia, noticed that one of the grounds taken by the tenant that another house was available for the residence of the respondents and the said house had come in their occupation after the decision of the suit by the trial Court had not been considered. In this view and also keeping in view the fact that counsel for the respondents did not dispute that the appellant was entitled to be granted an opportunity to amend the written statement so that the subsequent events can be brought on record, setting aside the judgment and decree of the Courts below, the High Court remanded the case for fresh decision of the trial Court directing the trial Court to allow the appellant to amend the written statement to bring on record the subsequent events of construction of a house and same being available to the respondents/their father and other family members and to allow the respondents to file replication, if any, to the amended written statement to be filed by the appellant and to decide the matter afresh after allowing the parties to lead additional evidence on this point and taking into consideration the evidence already recorded during the trial. After remand two additional issues were framed by the trial Court which read as unde :- Issue No. 1-A : Whether, after construction of the house bearing No. 53-A, Ranjit Nagar, Bharatpur by the mother of the plaintiffs, the plaintiffs have no requirement of the disputed Nauhra to get the same vacated in good faith, and on this ground the suit of the plaintiffs is fit to be dismissed Issue No. 8-A : Whether in view of the statement contained in para No. 8 of the written statement filed during the pendency of the suit, the plaintiffs are left with no requirement of the suit premises