MADANLAL KALAAR Vs. BHAGWANDAS

JUDGEMENT

(1.) FEELING aggrieved by the order passed by the first Appellate Court remanding the suit with a direction to the trial Court to get the certified copy of the registered sale deed executed on 24th July, 1973, and registered on the same date, exhibited and after affording sufficient opportunity to the appellant to lead evidence and permitting the plaintiff to cross-examine him; decide the suit afresh on merits; the defendant/tenant has now approached this Court seeking redress praying for reversal of the impugned order.

(2.) I have heard the learned counsel for the defendant/tenant-appellant as well as the learned counsel representing the landlord/respondent, and have carefully perused the record.

(3.) THE facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass. The plaintiff/landlord-respondent had filed the suit on 13th December, 1989, seeking a decree for recovery of possession over the accommodation in dispute under the tenancy of the defendant and for arrears of recovery of rent, etc. The plaintiff had alleged that he was the owner of the house of which the accommodation in dispute formed a part, which was under the tenancy of the defendant, who had defaulted in the payment of rent. It was also alleged that the total accommodation in his house which was at the disposal of the plaintiff was too short to satisfy the needs of his large family, and in particular a son, Ghanshyam and his family members were suffering a lot on account of the paucity of accommodation. The assertion was that the accommodation in dispute was genuinely and bona fide required as there was no other reasonably suitable alternative accommodation available to the plaintiff within the municipal limits of Gwalior which could satisfy his need.