KHIMCHAND PARSHOTTAM Vs. SHAH BHUPATRAY NATHALAL

JUDGEMENT

(1.) This is a second appeal filed by the original defendant-tenant against the judgment and decree passed by the learned Assistant Judge, Bhavnagar, in Civil Appeal No. 11 of 1964, confirming the judgment and decree passed by the learned 4th Joint Civil Judge, Junior Division, Bhavnagar in Civil Suit No. 55 of 1962.

(2.) The plaintiffs-respondents filed Regular Civil Suit No. 55 of 1962 in the Court of the Fourth Joint Civil Judge, Junior Division, Bhavnagar, for recovery of possession of the suit godown from the appellant-defendant, on the ground that the suit premises are in old and dilapidated condition and they are required to be demolished and to construct a new building on the same. They required the suit premises reasonably and bona fide for renovation, which cannot be carried out without the premises being vacated.

(3.) It was their case that the disputed building was absolutely in a dilapidated condition and most of the part of the building had fallen down and there was every possibility that the walls of it might fall down and as such, they had received notices from the municipality calling upon them to pull down the suit building as the same was likely to fall down. On receipt of the notices, they had approached the defendant and the defendant had agreed to vacate the same and other tenants did vacate the other portions of the building in question, of which they were tenants. The defendant ultimately did not keep up his promise and hence they had to file a suit against him for eviction on the aforesaid ground.