SHAMBHUDAYAL Vs. SULEMAN

JUDGEMENT

(1.) THIS second appeal is at the instance of the defendant tenant against whom a decree for eviction and arrears of rent had been passed by both the Courts below.

(2.) THE facts giving rise to this appeal are that the suit accommodation was let out for non-residential purposes to Hardayal, father of the defendant shambhudayal. Hardayal died in the year 196? leaving behind three heirs, two sons namely Shambhudayal the present defendant, his brother Pooranlal and a minor daughter Genda Bai. It was also not disputed that Pooranlal lived at some other village, i. e. Kondagaon and the defendant was running the shop in the suit premises.

(3.) THE plaintiff required the suit accommodation for shifting his cycle shop, which he was running in a rented premises. It was also contended by the plaintiff that be had no other reasonably suitable accommodation for keeping the shop.