DAYAL SINGH GAUR Vs. PYARI BAI

JUDGEMENT

(1.) BOTH the appeals are being disposed of by this common judgment. Second Appeal No. 319/95 has been tiled by the landlord/plaintiff whereas second appeal No. 290/96 has been filed by the defendant -tenants. Tenants in both the appeals are different whereas plaintiff is one and the same.

(2.) JUDGMENT and decree passed in Civil Suit No. 55 -A/1979 has given rise to the Second Appeal No. 319/95 in which landlord is the appellant. C.S. No. 56 -A /79 has given rise to Second Appeal No. 290/96 is which defendants - tenants (hereinafter referred to as the tenant) are the appellants. C.S. No. 55 -A/79 pertains to northern block of the house whereas C.S. No. 56 -A/79 is in relation to southern block. Both the suits were decreed. C.S. No. 55 -A/79 was decreed by the judgment and decree dated 7.2.83, whereas C.S. No. 56 -A/79 was decreed on 7.5.83. Ground for eviction urged by the landlord, and upheld by the Court, was that the tenanted premises are required by him bona fide for occupation for himself and other members of his family and he has no other reasonable suitable alternative accommodation in the city.

(3.) TENANT 's appeal against the decree passed in C.S. No. 56 -A/79 led to registration of C.A. No. 18 -A/1983 and the Court of appeal below by its judgment and decree dated 16.3.1985 dismissed the appeal. Tenants earlier second appeal was registered as S.A. No. 156/1985 in this Court.