SHIVCHARANLAL Vs. HARILAL

JUDGEMENT

(1.) THIS is a second appeal under Section 100 C.P.C. While admitting this appeal on 29.4.1986 the following substantial question of law was framed : - Whether the lower appellate Court was right in passing a decree for ejectment and in rejecting the amendment application filed by the defendant/appellant challenging the derivative title of the plaintiff'.

(2.) THE facts relevant for the decision of this question are that defendant Shivcharanlal is tenant of the plaintiff on the first floor of house No. 755 -755 -A, Tel -gali Mhow at monthly rent of Rs. 11/ -. The plaintiff claimed that the suit accommodation is required by him bonafide for the residence of himself and his family members who are 17 in number and he is residing with his family members in rented house No. 900, Chotabazar, Mhow at a monthly rent of Rs. 30/ -. The defendant admitted that he is tenant of the plaintiff. However, the requirement of the plaintiff being genuine was disputed on the plea that he demanded rent at the rate of Rs. 20/ - per month.

(3.) IN this appeal two applications of the defendant for amendment of the written statement were allowed and the case was remitted by order dated 18.12.1991 to the first appellate Court on the following issue : -