RAMLAL (SINCE DEAD) AND ANOTHER Vs. ASHOK KUMAR

JUDGEMENT

(1.) Assailing the judgment and decree dated 13/3/2000 passed by the lower appellate Court setting aside the judgment and decree dated 7/9/1999 passed by learned trial Court dismissing the suit seeking eviction, this appeal has been filed under Section 100 of the Code of Civil Procedure by plaintiff-landlord against tenant seeking decree of eviction.

(2.) This appeal has been admitted by this Court for final hearing on 2/5/2001 on the following substantial questions of law :

(3.) The suit was filed by plaintiffs -Ramlal and Dinesh Kumar on 17/6/1991 pleading the bona fide need of Ramlal, unmarried daughter namely Mamta and other family members to start their own business in the disputed shop situated at Station Road, Bina as reflected from the map attached to the plaint. It is said that the suit shop is required bona fide to start the business of grain merchant. It was further pleaded that daughter of plaintiff No.1 is deaf and dumb, however, plaintiff wants to start the business for her. On solemnization of marriage of the said daughter, by amendment it is pleaded that the marriage was performed with a condition that the plaintiffs shall settle his son-in-law. It is also stated that other suit is also pending on the said ground, whichever shop is vacated earlier, it will be given to son-in-law to start the business. During pendency of the appeal, application seeking amendment under Order 6 Rule 17 has been filed by the appellants/plaintiffs wherein it is said that one shop has been vacated by Radheshyam and it has been given to son-in-law and now the plaintiff No.1 and his son want to do their own business in the suit shop. In view of the said pleadings, it is urged that the suit shop is required bona fide to start business by the plaintiffs and the family members. During pendency of the appeal, plaintiff/appellant No.1 has died, but the need of plaintiffs/appellants has not extinguished and the need of plaintiff/appellant No.1 is still there to which decree of eviction has been prayed setting aside the judgment and decree of lower appellate Court upholding the judgment and decree of the trial Court.