GURUCHARAN SINGH Vs. PREMABAI SHRIVASTAVA

JUDGEMENT

(1.) BY this appeal the appellant/defendant challenges the correctness, validity and propriety of the judgment and decree dated 22-4-99, passed in regular appeal No. 4-A of 1998, by the-learned Third Additional District Judge, Durg, confirming the judgment and decree dated 1-1-98, passed by the Addl. Civil Judge, Class I, Durg, in Civil Suit No. 58-A of 1997, decreeing the plaintiffs suit and directing eviction of the appellant from the suit premises.

(2.) THE facts in nut-shell are that the land-lady filed a civil suit for eviction of the present appellant, inter alia stating that her grand-sons have attained majority and she being the grand-mother was required to settle them in the life and in the said process, she was requiring the suit premises bona fide for the business prospects of her grand-sons. In Paragraph 3 of the plaint she pleaded that her grand-son Vivek Shrivastava needed the premises. In Paragraph 4, she pleaded that she was in need of the premises for her another grand-son Sandeep Shrivastava and as for the said purpose she did not possess any other reasonable alternative accommodation of her own in the township of Durg, the defendant deserved to be evicted from the suit premises. As an additional ground, in Paragraph 5 of the plaint, it was further pleaded that the tenant had acquired another reasonable suitable accommodation for the purposes of the business, therefore, also he deserved to be evicted. The defendant contested the suit on all possible grounds. After recording the evidence and hearing the parties, the learned Trial Court decreed the suit. Being aggrieved by the said judgment and decree, the appellant preferred First Appeal, as the same proved futile, the defendant has come to this Court under Section 100 of the Code of Civil Procedure.

(3.) THE present appeal has been admitted for hearing on the following substantial questions of law: