KIRAN AGRAWAL Vs. HEERA BAI

JUDGEMENT

(1.) HEARD on admission.

(2.) THE instant appeal is directed against the judgment and decree dated 5-4-2008 passed in Civil Appeal No. 29-A/1998 by 3rd Additional District Judge (FTC), Raigarh arising out of the judgment and decree dated 29-7-2005 passed in Civil Suit No. 12-A/1997 by Civil Judge Class I, Raigarh, whereby learned 1st Appellate Court affirmed the eviction decree passed against the appellants.

(3.) THE defendant filed his written statement in the case and pleaded that his other brother Billu Mangal is also owner of the suit house. Execution of/agreement dated 8-2-96 was not denied by him. He further pleaded that the suit house is not bonafidely required for the purpose of plaintiff's business but the suit has been filed with oblique motive to enhance rent and, therefore, the suit is liable to be dismissed. He also pleaded that a front room of the house of the plaintiff is suitable for the alleged business of the plaintiff and therefore, a suitable alternative accommodation being available to the plaintiff, the plaintiff is not entitled to get any decree under Section 12(1)(f) of the Act and the suit is liable to be dismissed.