ASHOK KUMAR SAHU Vs. RAMESH KUMAR SAHU

JUDGEMENT

(1.) HEARD on admission.

(2.) AGGRIEVED of the judgment and decree dated 9.7.2014 passed in Civil Appeal No. 13 -A/2014 by Additional District Judge, Bina District Sagar, affirming the judgment and dated 18.2.2013 passed by Civil Judge Class I Bina in Civil Suit No. 387 -A/1991, defendant has filed this appeal.

(3.) SUIT for eviction was brought by father and son viz. Ramlal and Dinesh Kumar on 17.6.1991 contending that the suit shop is bona fide required for Ramlal, Mamta, an unmarried handicapped daughter and other family members to start their own business. That, during pendency of civil suit, Mamta was married to Premnarayan with a condition that son -in -law would be given one shop to carry out business. And, on vacating of shop by one Radheyshyam, the same was given to Mamta's husband i.e. Premnarayan. The suit was decreed on 7.9.1999. In Appeal, however, the decree was reversed by judgment and decree dated 13.3.2000. Second Appeal (S.A. No. 544/2000) preferred thereagainst on the following substantial question of law viz. -