BHOJRAJ Vs. NARMADA PRASAD SAHU

JUDGEMENT

(1.) The appellants/defendants being aggrieved by judgment and decree dated 19.05.2006 passed by 9th A.D.J, Jabalpur in Civil Appeal No. 107A/2005 arising out of judgment and decree dated 09.09.2005 passed by 3rd Civil Judge, Class I, Jabalpur in Civil Suit No. 108-A/2003 wherein the judgment passed by the trial Court has been affirmed, this appeal has been filed under Section 100 of the C.P.C.

(2.) It is not disputed that the respondent is the owner of the tenanted shop built in the year 1985. The shop has been rented out to the original plaintiff- Bhojraj. After the death of Bhojraj, the appellants have been incorporated as the LRs of Bhojraj Singh. The son of the respondent Manish Kumar Sahu (DW 2) has become a major. The relationship between the respondent and the appellants are that of landlord and tenant.

(3.) Before the learned trial Court, the respondent/plaintiff filed a civil suit for eviction of the tenanted shop No. 2076 situated at the ground floor of house No. 2075 to 2077, Gorakhpur, Jabalpur shown as A, B,C, D in red- ink. The rent was Rs.400/- per month. The monthly rent was to be paid within the 10th of every English calendar month. The defendant failed to deposit the rent regularly and from 10 th September, 1997 completely stopped paying the rent. The son of the plaintiff- Manish Sahu is willing to start a "kirana shop" in the tenanted shop. Therefore, the plaintiff/respondent is in bona fide need of the shop. On the first floor of the shop house No. 2075 to 2077, the plaintiff and his family are living. The relationship of the plaintiff and the respondent was cordial. On 09.08.1985, the respondent executed a deed in a stamped paper and given an advance of Rs.50,000/-. The plaintiff by sending a letter to the respondent on 11.10.2000 has terminated the tenancy.