SHANTI DEVI Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff-landlord against the judgment dated 3.1.1987 passed by the trial Court of VIIth Additional Judge to the Court of the District Judge, Indore in Civil Suit No. 30-A/82 dismissing the plaintiff's suit for eviction of the defendant Bank from the suit premises bearing house No. 150/1; old No. 150 of RNT Marg, Indore.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows :-

(3.) AFTER trial, the learned lower Court found that the plaintiff was the owner of the suit premises but as regards bonafide requirement of her son the learned lower Court issued as to whether the plaintiff had any alternative accommodation of her own at Indore suitable for the purpose of restaurant business. As regard the additional issues framed consequent upon the amendment of the written-statement allowed by the Court on 25.9.1986, the learned lower Court held that the plaintiff was not proposing to sell the suit premises but found that Jugal Kishore had made a proposal to the Regional Manager of the defendant Bank for increase of the rent of the suit premises to Rs. 7,000/- per month and that the Regional Manager had agreed to increase it to Rs. 3,000/- only and that consequently, the plaintiff's representative got annoyed and threatened to file the instant suit for eviction. On the above findings the learned lower Court has dismissed the plaintiff's suit for eviction against the defendant tenant.