GANESH LAL Vs. SUNIL KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) I have perused the judgments of the two learned courts below and have also been taken through the entire statements of the witnesses examined on side of the plaintiff. The learned lower appellate court by reversing the findings of the learned trial court on the issue Nos. 1 and 2 regarding reasonable and bona fide necessity and comparative hardship between the parties, has decreed the suit for eviction from the suit shop. The suit shop is a very small shop measuring approximately 5ft x 4ft only.

(3.) True it is that the learned lower appellate court has not met with each and every reasoning given by the learned trial court with mathematical precision and has rather appreciated the evidence on its own and has come to the conclusion that the plaintiff has established that the plaintiff does require the premises bonafidely and reasonably and that the element of comparative hardship is also in favour of the plaintiff