MURARILAL AGRAWAL Vs. SAGARMAL BERIWAL

JUDGEMENT

(1.) This second appeal was firstly admitted on 25/07/1994 by formulating the following substantial question of law :-

(2.) Plaintiffs filed Civil Suit No. 87-A/89 for eviction, arrears of rent and damages against original defendant namely Sagarmal Beriwal stating inter alia that suit accomodation i.e. House No. 193/1 situated at Ward No. 17, Sadar Hatri Road, Hatri Chowk, Raigarh, of which plaintiffs have acquired title after the death of their father namely Sagarmal Agrawal, was let out by the plaintiffs to the defendant for non-residential and business purpose for monthly tenancy of Rs. 37/-. Later on, defendant - Sagarmal Beriwal shifted his business to his residential house and the suit accomodation was not used by him. Thereafter, when plaintiff No. 1 became major and required the suit accomodation bonafidely as he had no suitably reasonable alternative accomodation in the township of Raigarh, the defendant declined to deliver the possession of the suit accomodation to him for which a legal notice was served upon the defendant terminating his tenancy. It was further pleaded that some portion in the backside of the suit accomodation was let out to one Mahabir Prasad Agrawal and after getting the vacant possession of the whole suit accomodation, plaintiff No. 1 would set up his business in the suit accomodation after getting necessary repairs done.

(3.) Original defendant - Sagarmal Beriwal filed his written statement denying the plaint allegations stating that suit accomodation was let out on rent by H.U.F. Khyaliram Gajanand to H.U.F. Ramchand Kashiram, however, he did not specifically deny the title/ownership of the plaintiffs over the suit accomodation stating that in a suit for eviction, question of title is not relevant and further pleaded that tenancy was on annual basis.