HAR NARAIN DAGA Vs. HEERALAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the tenant of room situated on the ground floor of a building in Kandoi Bazar in the Jodhpur city of which the respondent is the landlord. The tenant was using the room as a shop. The landlord resides on the first floor of the building. He filed a suit in 1973 seeking eviction of the tenant on the grounds that the room is needed for construction of a staircase to the first floor of the building and also for his bona fide personal necessity under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act'). The tenant contested the suit refuting both the grounds of eviction pleaded by the landlord.

(3.) The trial Court rejected the case of the landlord that the room was required for building a staircase; but accepted the plea of bona fide personal necessity. The trial Court decreed the suit and ordered eviction of the tenant. On appeal filed by the tenant the appellate Court confirmed the finding of the trial Court and maintained the decree of eviction. The tenant carried the matter further in 2nd appeal before the High Court of Rajasthan which proved unsuccessful. Hence this appeal.