KAILASH CHANDRA TRIVEDI Vs. PUNJAB NATIONAL BANK LTD.

JUDGEMENT

(1.) APPELLANT has claimed possession of the premises admeasuring 2580 sq.ft. area in possession of the respondents situated on Maharani Road (hereinafter referred to as 'the suit premises' for convenience). He averred that the appellant is having the Joint Hindu Family consisting of himself, his mother, wife, two sons and two daughters. He averred that all these members have a join Hindu Family running a business as well as he himself, his wife, sons engaged in business independently also. According to his averment his son Sunil Trivedi is running a business under the style "Eharat Timber Trading Company". Other son Sanjay is running a steel business under the style "Sanjay Steel". His wife Chandrabala Trivedi is having partnership firm with Kailash Gupta under Style "Kailash and Kailash".

(2.) ACCORDING to the averments of the plaintiff -appellant he does not have proper place for having the offices and that is the case also with other family member. Therefore, all the family members have scattered offices. It is the averment of the appellant that they all want to come together in one building so as to make them convenient to go for trade and, therefore, the suit premises in possession of respondents are being genuinely and bonafidely required by him for his bona fide need.

(3.) THE 2nd Additional District Judge. Indore, by his judgment dated 24.1.97 answered the issues by holding that the appellant, his wife and adult sons did not require the suit -premises for their bona fide need. He also held that there was no alternative accommodation available to the appellant for completing his said need in Indore city. He held that on 30.4.86 the tenancy between the appellant and respondents did not automatically extinguished. He also held that the area which has been handed over in vacant possession to the appellant by Bank of India was sufficient enough to make good the said requirement of the appel1ant and that judgment and decree has been put to challenge by this appeal by the appellant.