SHEIKH AKBAR Vs. SAMEER KUMAR PAL

JUDGEMENT

(1.) THIS is defendants' second appeal under Section 100, CPC. The following substantial questions of law were formulated by this Court by order dated 19-8-1999 at the time of admission of this appeal:-

(2.) THE facts relevant for the decision of the questions referred to above arc that plaintiffs Sameer Kumar Pal and Suresh Chand Pal have purchased the suit house bearing No. 1214, Corporation Chowk, Wright Town, Jabalpur by registered sale-deed dated 31-12-1991 from its original owners. The defendants were their tenants in the suit accommodation and were carrying on their business therein.

(3.) THE plaintiffs' case was that they require the suit accommodation for carrying on the business of sweets and for running a restaurant. It was stated by them that they have no other non-residential accommodation of their own for this purpose. The defendants' case was that there is an accommodation commonly known as "madras Hotel" which was purchased by the plaintiffs' father Laxminarayan Pal and his brothers. That accommodation is joint family property of the plaintiffs and their father. The defendants pointed out some other houses and shops, but those are either residential or rented and, therefore, a full description of those properties need not be given.