PRAVEEN KUMAR Vs. KESAR BAI

JUDGEMENT

(1.) THIS second appeal under Section 100, CPC was admitted on 5-2-04 for consideration of the following substantial question of law:-

(2.) APPELLANT herein claimed to be tenant of the suit premises situated in ward No. 11, Nikasa road, Vidisha. The suit premises consists of a shop of three "chasma" and a "kotha". Various grounds were raised and the suit was filed by the plaintiff respondent claiming eviction on the ground of bonafide need of her major son who was unemployed and needed the suit premises for starting a hotel business in the style of 'bhojnalaya' for her son. That apart, ground for non-payment of rent and sub-letting of suit premises by original tenant defendant No. 2 Shikharchand was also alleged. Suit has been decreed by both the courts and the decree is assailed in the present appeal.

(3.) EVEN though the appeal was admitted on the question framed as indicated herein above on 5-2-04 an application I. A. No. 6624/05 was filed on 28-4-05 seeking framing of certain additional issues. This Court on 24-6-05 has indicated that the said application shall be considered at the time of final i hearing. Accordingly, before proceeding to decide the appeal on merit, said application filed under Section 100 (5), CPC is being considered. ,