DAMODAR PRASAD TIWARI Vs. CHUNNILAL SEN

JUDGEMENT

(1.) HEARD on admission.

(2.) THE appellant has filed a civil suit No.96 - A/2003 before third Civil Judge, Class -I, Jabalpur for eviction of the respondents from the suit property on the basis of bonafide need to run a shop and that the respondents have closed the shop for more than 6 months and the accommodation was not being used for the purpose for which it was taken on rent. The suit was dismissed vide judgment and decree dated 29.11.2006. In civil appeal No.1 -A/2007, second Additional District Judge, Jabalpur vide judgment and decree dated 17.10.2008, dismissed the appeal. Being aggrieved with the aforesaid judgments and decrees, the present second appeal was preferred.

(3.) THE respondents in their written statement, denied the claim of the appellant. It was pleaded that Pushpa Sen, wife of the deceased Arun Kumar Sen was running a shop. The appellant took a premium of Rs.1,20,000/ - with the promise that he would pay interest @ 6% per month on the amount of premium but, no such amount was tendered by him. Actually, the appellant has no bonafide need. He has so many shops in the market and he was in habit to rent out various shops, after taking huge premium. There was no bonafide need of the appellant. Consequently, it was prayed that suit filed by the appellant be dismissed.