DWARIKA PRASAD SABOO Vs. MATHURA PRASAD SAHU

JUDGEMENT

(1.) THIS appeal by the defendant-tenant against judgment and decree of reversal arises out of a suit for eviction.

(2.) THE plaintiff-landlord instituted Title Suit No. 41 of 1982 in the court of Munsif at Gumal for eviction of the defendant on the ground of default in payment of rent and personal necessity. His case shortly stated is that the defendant is a monthly tenant in a portion of the house at a rental of Rs. 45/-per month payable in the following month according to Samvat calendar. He stopped paying rent from the month of Push 2036 making himself liable to eviction. The plaintiff also set up a case of personal necessity. According to him, the size of the family over the years had grown, the expenses had increased and he wanted to start a grocery business to augment his income and. therefore, needed the premises for his own use and occupation. The plaintiff also prayed for decree for a sum of Rs. 1,485/- as arrear of rent. The suit was instituted on 5.10.82.

(3.) THE trial court upon consideration of the pleadings of the parties and the evidence on record accepted the defendant's case of making advances and giving bicycle on credit and came to the conclusion that the defendant was not a defaulter. Regarding personal necessity also the trial court accepted. the defendant's case that two adjacent rooms were vacant which could be utilised by the plaintiff for doing business. It thus came to the conclusion that the need was neither reasonable nor bonafide. On these findings the trial court dismissed the suit.