RUKMINI DEVI Vs. ASHOK KUMAR KESHARI

JUDGEMENT

(1.) Defendants are appellants. Title (Eviction) Suit No. 106 of 1983 was filed by plaintiffs for eviction of defendants from the suit shop, detailed in Schedule to the plaint, both on the grounds of personal necessity and default in payment of rent. Further relief for recovery of arrears of rent was also sought.

(2.) ACCORDING to plaintiffs, plaintiff no.2 was working as private servant, plaintiffs 3 and 5 were selling betel in rented wooden gumti and plaintiff no. 4 was doing small contract works. The suit shop was situated in market and was most suitable place for doing business of grocery and other articles. Plaintiffs ' residential house was also too small to accommodate the growing number of family members, so the suit shop was required by plaintiffs for their personal use and occupation.

(3.) DEFENDANTS contensted the suit, inter -alia, on the ground that alleged requirement of the suit shop for running business and for residential purpose was not true and correct. Defendants ' ancestor was inducted as tenant in the suit shop in the year 1945. In fact, rent was being remitted by the postal money orders regularly every months, as the landlord had been refusing to accept the same on being tendered hand to hand.