SANJAY KUMAR JAIN Vs. ROHINI PRASAD GUPTA

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law for determination in the second appeal preferred by the appellant / defendant.

(2.) Mr. Siddharth Dubey, learned counsel for the appellant / defendant, would submit that both the Courts have concurrently erred in holding that the plaintiffs have no reasonably suitable accommodation in their possession in the township of Rajnandgaon for their bona fide need, as the adjoining suit shop was vacated by the defendant's brother Shrichand Jain in the year 2013 which was let out to Jitendra Sindhi on monthly rent of Rs. 4,500/- and one more shop had fallen vacant which was also let out as such, the plaintiffs' requirement is not bona fide and therefore both the Courts below ought not to have granted decree under Section 12(1)(f) of the Chhattisgarh Accommodation Control Act, 1961, (for short, 'the Act of 1961') as such, it is a fit case where the appeal deserves to be admitted by formulating an appropriate substantial question of law for hearing.

(3.) The plaintiffs filed suit for eviction against the defendant stating inter alia that the defendant is their tenant on monthly rent of Rs. 2,350/- of the suit shop situated at Kavita Complex, Ward No.19, Near Kamla College, Rajnandgaon on Ground Floor, Shop No.3. It is further pleaded that the suit shop is required for expansion of the plaintiffs' business, as it is adjoining to the present shop run by the plaintiffs in the name and style of Tanishq Cloth Shop and only a common wall has to be dismantled for expansion of the present shop and the plaintiffs have no other shop. It was also pleaded that the other shop which had fallen vacant is after the staircase and in order to expand the business, the staircase has to be dismantled which goes to the first floor, as such, it is practically impossible for the plaintiffs to get the staircase dismantled for expansion of their present shop, therefore, the plaintiffs have no other reasonably suitable accommodation in the township of Rajnandgaon for expansion of their present business.