MOHANLAL Vs. SAMOKHANLAL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree passed by the Court below which has affirmed the judgment and decree passed by the trial Court. The brief facts for the purposes of this appeal be noticed :

(2.) IT be seen that Bhagchand died during the pendency of the suit. The legal heirs were brought on the record. Anand Kumar for whose need the premises were required is also on the record. He figures as respondent No. 2 in this appeal.

(3.) I have gone through the pleadings and evidence on the record. It be seen that it stands established that Anand Kumar is an unemployed. An effort was made to bring out that this Bhagchand, the deceased father of Anand Kumar was carrying on the business of commission agency in grains. Even if it be presumed that Anand Kumar was assisting his father even then it cannot be said that the need of Anand Kumar stands satisfied. He does require the premises for carrying on new business. He has shown preference for carrying on the business of readymade garments. It has also come on the record that he is having requisite funds for the purpose of running this very business. As such, it cannot be said that merely because Anand Kumar was assisting his father in the business of commission agency, he is not supposed to have another accommodation for readymade garments.