BASHIR KHAN Vs. HAMID BEG ALIAS TONI

JUDGEMENT

(1.) The instant plaintiff's appeal is directed against the concurrent judgment and decree of the First Appellate Court dated 11/11/2010 passed in Civil Appeal No. 21-A/2010 confirming the judgment and decree dated 30/03/2010 passed in Civil Suit No. 101-A/2007.

(2.) This Court vide order dated 23/3/2011, had admitted this Second Appeal on the following substantial questions of law:-

(3.) Facts necessary for disposal of this appeal as per plaint allegations plaintiff Bashir Khan S/o Late Nanne Khan is admittedly a tenant in the suit premises. Plaintiff filed a suit for declaration and permanent injunction. Plaintiff has claimed that he is a tenant of defendant No. 1 and not that of defendant No. 2 to 5. Defendant No. 1 has also filed a counter claim and sought eviction of the plaintiff on the ground of arrears of rent as well as bona fide need as he asserted to have the bona fide need of the suit premises as no other suitable and alternative accommodation available in the city of Gwalior.