ARUN KUMAR SAH Vs. BASIR AHMAD

JUDGEMENT

(1.) This is defendant's second appeal against the judgment of reversal passed by the learned Second Additional Subordinate Judge, Bhagalpur, in an appeal arising from a suit for eviction filed by the two brothers, who are respondents.

(2.) The suit for eviction was filed by the respondents as plaintiffs on the ground of personal necessity, namely that they required tenanted shop in occupation of the appellant for their personal requirement and business, as also for the three sons of respondent Basir Ahmad, who are all grown-up. The disputed rented premises in which the appellant runs a cloth shop exists on the main Sujaganj Bazar Road leading to Bhagalpur Railway Station, and passing through one of the main markets of the town of Bhagalpur. The respondents run a business in watches by the name and style of the National Watch Company in a small rented shop, having undisputedly only a frontage of 4 to 5 cubits in breadth. Certain purchases were made by the plaintiffs in the year 1963. The lands purchased are near the disputed shop. They have no frontage towards the main Sujaganj road. In a portion of this purchased land the plaintiffs also run a business of watches, locally called as 'National Gift House'. Several agencies of sewing machine and other articles were also obtained by them. For expansion of their business, particularly with a view to provide occupation to the three sons of respondent Basir Ahmad, the plaintiffs, on refusal of the defendant to vacate the suit premises, filed the instant suit for eviction, which was resisted by the appellant.

(3.) The trial Court dismissed the suit of the plaintiffs on the ground that the plaintiffs had not succeeded in establishing personal necessity.