LAWS(MPH)-2013-9-165

KHUMNI BAI Vs. GHANSHYAM JAISWAL

Decided On September 03, 2013
Khumni Bai Appellant
V/S
Ghanshyam Jaiswal Respondents

JUDGEMENT

(1.) This appeal is by the tenant, which was admitted by a Bench of this Court on following substantial question of law:--

(2.) The defendant filed the written statement in which inter alia it was denied that the suit shop was in dilapidated condition. It was further pleaded that infact the plaintiff is damaging the suit shop and the plaintiff does not require the suit shop bona fide. He also has suitable alternative accommodation.

(3.) The trial Court vide judgment and decree dated 15-7-1993 relying on the statement of plaintiff (PW-1) and the statement of PW-2 Omkar Prasad Rai, held that the suit shop was constructed 60-70 years ago and either the plaintiff or his father did not get the same repaired. The trial Court on the basis of evidence of the Civil Engineer Omkar Prasad Rai (PW-2) and the report prepared by him (Ex. P/8) held that the suit shop is in dilapidated condition and the same requires re-construction. It was further held that the plaintiff has got the plans and estimates ready and he is in possession of the funds. The trial Court on meticulous appreciation of evidence on record further held that the plaintiff bona fide needs the suit shop and he has reasonably alternative suitable accommodation. Accordingly, the suit filed by the plaintiff was decreed under section 12(1)(f) and 12(1)(h) of the Act. The aforesaid decree was affirmed in appeal.