HARISHCHANDRA MENDURAM AGRAWAL Vs. RAMESHWARJI GOVINDJI SARSWAT

JUDGEMENT

(1.) THIS petition is filed by the landlord of the suit premises against the judgment and order passed by the Additional District judge, Jalgaon in Civil Appeal No. 191 of 1986 on dated 27/4/1993.

(2.) THE petitioner filed a suit bearing Regular Civil Suit No. 462 of 1981 on 21/9/1981 against the respondents contending that the suit property in City Survey No. 1935/1a, Municipal House No. 144, Polan peth, Jalgaon, was possessed by the respondent No. 1 as tenant. The respondents Nos. 2 and 3 were sub-tenants of respondent No. 1. The petitioner requires the suit property for bonafide personal use for his business purpose.

(3.) THE respondent No. 1 filed written statement at Exh. 8 stating that the suit premises were initially held by the father of the defendant on lease in the name and style as "govindram Rameshwar" for conducting a joint family business in the name and style as "saraswat Kirana Stores". The joint family consists of father Govindram and two sons. The defendant no. 1. Rameshwarji being elder son of Govindram, the rent receipts were issued in his name. Later on the defendant No. 1 constituted a firm in the name and style "saraswat Kirana Stores". It was further contended that the plaintiff owns other premises and no bona fide and personal requirement exists for the plaintiff to seek eviction decree against the respondents and greater hardship would be caused to the defendant in case eviction decree is passed.