ASHOK SHARMA Vs. RAMESH KUMAR JHUNJHUNWALA

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India has been preferred by the petitioner (herein referred as the defendant) being aggrieved with the impugned judgment and order dated 04.07.2017 passed by the learned District Judge, East Khasi Hills, Shillong in Title Civil Appeal No. 1 (H) 2014 dismissing the appeal and upholding the judgment and decree dated 30.05.2014 passed in T.S. No. 10 (H) of 2008 by the Assistant District Judge wherein, a decree of eviction had been passed against the defendant, to quit and vacate the suit premises.

(2.) The brief facts are that the respondent (hereinafter referred to as the plaintiff) had filed a suit for ejectment against the petitioner (hereinafter referred to as the defendant) in respect of the suit premises situated at Police Bazar Shillong where the defendant is a tenant carrying on a business of wool and woolen garments in the name M/s Sharma. The tenancy was created by (Late) Bhagwan Das Jhunjhunwala, the father of the plaintiff vide an agreement dated 21.08.1973. It appears that by a family agreement dated 04.01.2007 the suit premises fell into the share of the plaintiff and on the ground of bona fide requirement, the plaintiff had sought for a decree of eviction and for handing over of vacant possession by way of the Title Suit T.S. No. 10 (H) of 2008.

(3.) The trial Court framed 8(eight) issues for determining the case of which issue No. 3 dealt with the question of bona fide requirement. The plaintiff examined 4(four) witnesses (PW-1 to PW- 4) and the defendant examined himself as DW 1. By judgment and order dated 30.05.2014, the learned trial Court decreed the suit in favour of the plaintiff with an affirmative finding on the issue of bona fide requirement. Being aggrieved thereby the defendant then preferred an appeal being Title Civil Appeal No. 1 (H) 2014 before the Court of the learned District Judge who by order dated 04.07.2017 dismissed the appeal and upheld the judgment and order of the trial Court.