RAVI DEEP Vs. SATYA PAUL

JUDGEMENT

(1.) Instant appeal has been filed seeking setting aside of judgment dated 31.03.2016 passed by the Court of learned Principal District Judge, Udhampur, whereby the Civil First Appeal filed by the appellant against the judgment and decree of learned trial Court has been dismissed.

(2.) The facts in brief as projected in this appeal are that plaintiff- respondent herein had filed a civil suit for ejectment of the defendant-appellant herein from two number of shops situated at Ward No. 2 Adarsh Colony, Udhampur (hereinafter referred to as suit shops) on the ground of personal necessity claiming, inter alia, that he has retired from Government service and getting monthly pension of Rs. 15,000/- and in order to augment the income, he intends to start business of his own in the suit shops for which he reasonably and bona fidely requires the suit shops for his personal necessity. Plaintiff-respondent herein got retired from the Government service about 17 years prior to institution of the suit and is of about 75 years of age and one of his daughters, who is since married and permanently residing at Delhi has become handicapped some 17 years back and is financially weak and, therefore, to support his said daughter, he wants to start the business in the suit shops with a purpose of enhancing her income and to support her financially. Plaintiff-respondent herein has further pleaded that his comparative disadvantage as compared to the defendant-appellant herein is much more, in case of denial of eviction decree in his favour on the ground that the defendant- appellant herein is not conducting any business in the suit shops but the same remain closed and he instead has been conducting his business in another shop situated at Main Bazaar, Udhampur, and apart from this, he has also many other shops in his possession. Regarding partial eviction, it has been alleged by the plaintiff- respondent herein that he needs both the suit shops and, therefore, question of partial eviction does not arise.

(3.) On being put to notice, the defendant-appellant herein appeared before the court of learned Sub Judge, (Special Mobile Magistrate) Udhampur, and filed his written statement. Learned Sub Judge (Special Mobile Magistrate), Udhampur, after filing of written statement by the defendant-appellant herein, proceeded to frame the issues for determination. After framing of issues, both the parties led the evidence in support of their respective claims. The learned Trial Court took into consideration the evidence adduced by the parties, their respective pleadings and heard the arguments advanced by the learned counsels for the parties in support of their respective claims and as a consequence of which, passed the judgment and decree dated 31.10.2015 whereby the suit filed by the plaintiff-respondent herein has been allowed by decreeing the same in favour of the plaintiff-respondent herein and against the defendant-appellant herein.