DELETED (BHANUBEN) Vs. SAVITA DEVI

JUDGEMENT

(1.) Heard The instant appeal is against the judgment and decree dated 24.06.2017 passed in Civil Appeal No.87/2015 by the Fourth Additional District Judge, Raigarh, whereby the Court below has decided the eviction case bearing No.75-A/2013 and has reversed the finding of the trial Court dismissing the suit. The present appeal is by the tenant.

(2.) Perusal of the order of both the Court below would show that the trial Court has dismissed the suit filed by Smt. Savita Devi, Yashwant Sanwariya & Jayanti Sanwariya wherein the suit was filed for ejectment under Section 12(1)(e) and 12(1)(f) of the C.G. Accommodation Control Act. The appellate Court reversed the finding and has passed the order for eviction.

(3.) Learned counsel for the appellant would submit that the landlord plaintiff has failed to prove the bonafide need as joint tenancy was not given and one superstructure was required for non-residential purpose whereas another superstructure was required for residential purpose. It is contended that for non-residential purpose the bonafide need though was projected that of plaintiff No.1 but she was not examined though pleading contains that she wanted to open the school in the premises. It is further contended that the evidence is on record that during the pendency of the suit certain other properties which were available to the landlord were sold, therefore, need if any was satisfied and need was not proved beyond the reasonable doubt, so decree for bonafide need cannot be sustained and substantial question arises for consideration.