BHANWARLAL DUGAR Vs. BRIDHICHAND PANNALAL

JUDGEMENT

(1.) Leave granted.

(2.) This is a landlord's appeal by Special Leave against the order of the High court reversing the concurrent decree of eviction from commercial premises at Guwahati in Assam. The Trial Court, the Appellate Court concurrently found that the respondent was a wilful defaulter and liable to be evicted. They have also found that the appellants herein required the premises for their own business purpose. The High Court in exercise of its jurisdiction under Section 115 of the Code of Civil Procedure reversed the concurrent findings of facts and accordingly dismissed the suit for eviction filed by the appellants against the respondents.

(3.) The premises in question is a commercial one. There is no dispute of landlord and tenant relationship between the parties. Only two substantial issues framed by the Trial Court were: (1) whether the respondent committed any default in payment of rents since April, 1993 as pleaded by the appellants (2) Whether the appellants required the suit premises bona fide for their own use On both the issues the Trial Court as well as the Appellate Court concurrently held in favour of the appellants.