MALHAR RAO HOLKAR Vs. PURSHOTTAM JOSHI

JUDGEMENT

(1.) THIS is an appeal by the landlord against the dismissal of the eviction suit filed by him against the respondent from the suit shop on the ground of genuine need.

(2.) IT is not in dispute that the respondent is a tenant in respect of accommodations which form part of one building under two separate rent notes, Exs. P-1 and P-2. One accommodation in the front is used by the respondent as a hotel which carries the rent of Rs. 90/- per month. The other accommodation consisting of one-room, on the back of the house is used as kitchen for preparation of eatables for the hotel and carries the monthly rent of Rs. 225/ -. The appellant filed the suit on 15-7-1981 for eviction on the ground that he needed the accommodation used as hotel for starting a general stores shop for himself and that of his son, for which he has no other reasonably suitable accommodation of his own in the city.

(3.) THE respondnt opposed the appellant's claim. He also raised an objection that both the accommodations, namely, one used for hotel and the other used for kitchen, arc part of one single tenancy and, therefore, the appellant cannot seek eviction from the portion of the suit accommodation alone.