LAWS(CHH)-2018-11-120

BAJAJ TRAVELLING STORES Vs. RANJIT KUMAR RATHORE

Decided On November 14, 2018
Bajaj Travelling Stores Appellant
V/S
Ranjit Kumar Rathore Respondents

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in this appellants'/defendants' second appeal is as under:-

(2.) The imperative facts required for determination of above-stated substantial question of law are as under:-

(3.) Mr.Ashish Shrivastava, learned counsel for the appellants/defendants, would submit that the First Appellate Court is absolutely unjustified in reversing the finding of fact recorded by the trial Court holding that the suit accommodation is not required bona fide by the plaintiff and further erred in holding that the plaintiff has no other alternative suitable accommodation in his possession in the township of Raipur for opening of electronic shop, as such, the judgment and decree passed by the First Appellate Court is liable to be set aside relying open the judgments of the Supreme Court in the matters of Dattatraya Laxman Kamble v. Abdul Rasul Moulali Kotkune and another, 1999 AIR(SC) 2226 and Deena Nath v. Pooran Lal, 2001 5 SCC 705.