LAWS(CHH)-2019-2-151

BALRAM KODWANI Vs. REEMA SAHU

Decided On February 27, 2019
Balram Kodwani, S/O Late Chetan Das; Amar Lal, S/O Late Chetan Das; Mayadevi, W/O Chetan Das Appellant
V/S
Reema Sahu, W/O Naresh Sahu; Ku Leena Sahu, D/O Late Timan Lal; Virendra Kumar, S/O Late Timan Lal Respondents

JUDGEMENT

(1.) The substantial questions of law formulated for determination during the course of admission of appeal preferred by the LRs of the original defendant, state as under: -

(2.) Original plaintiff Timanlal filed suit for eviction against the original defendant Rajesh Kumar stating inter alia that he has let out the suit accommodation to the defendant on monthly rent of ? 300.00 for non-residential purpose which is bona fidely required for his younger brother Gulalram for opening a shop for selling cement and for that he has sufficient fund and he has no other reasonably alternative suitable vacant accommodation in his possession at Korba for opening the said shop.

(3.) The defendant filed his written statement denying the need and stating inter alia that the suit has been filed only for enhancing the rent. On 12-1-1993, the written statement was amended stating that the plaintiff's brother Gulalram has already joined the service in South Eastern Coalfields Limited (SECL) and therefore he is no longer in the requirement of the suit accommodation and bona fide need, if any, has come to an end.