RADHA KRISHNA DUMREWALA Vs. JIWAN MAL KOTHARI

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the opposite parties.

(2.) This revision application has been filed against the order dated 23.11.2009 passed in the Eviction Suit No. 07 of 1988 whereby the learned court below has decreed the suit granting the decree for eviction as prayed by the plaintiffs.

(3.) The factual expose' are that the opposite parties were admittedly the tenants in the suit premises which was a shop. The plaintiffs purchased the said shop by registered sale deed dated 02.07.1986 from the admitted owner. The eviction suit was filed seeking eviction of the defendant-petitioners from the suit shop on the ground of personal necessity. The defendant-petitioners appeared in the suit and filed their written statement contesting the plea of personal necessity of the plaintiffs on the ground that there were other shops where the father of the plaintiffs was carrying on business and further that the plaintiffs had the option to start and establish their business in the same which was lying vacant on the upper portion. The trial court, after considering the pleadings and evidence of the parties, granted the decree, as prayed by the plaintiffs. The defendant-petitioners filed C.R. No. 2118 of 2007 before this Court challenging the said eviction decree. By order dated 15.12.2008 Annexure-1, the said revision application was allowed and the matter was remitted back to the trial court for rehearing and passing fresh judgment on the issue of personal necessity and partial eviction in accordance with law after considering the evidence on record. It would be condign to notice here that in the remand order, this Court has affirmed the other findings recorded by the trial court except the finding on the issue of personal necessity and partial eviction.