BAPU LAL Vs. FIDA HUSSAIN AND ORS

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 02.06.1998 passed by the Additional District Judge, Banswara in Civil Appeal No. 11/1997 whereby the learned Appellate Judge reversed the judgment and decree dated 01.06.1996 as passed by the Additional Civil Judge (Senior Division), Banswara in Civil Original Suit No. 70/1992.

(2.) The civil suit aforesaid was filed by the plaintiff-landlord Bapu Lal seeking a decree for eviction of the defendant-tenant Fida Hussain on the ground of reasonable and bona fide requirement of the suit premises essentially with the submissions that he was going to retire on 24.11.1994 from a non-pensionary service and hence, wanted to establish cloth business in the suit premises for his subsistence. The learned Trial Court decreed the suit. The learned Appellate Court, however, did not agree with the findings of the learned Trial Court essentially on the consideration that the plaintiff was having substantial alternative accommodation, in the form of 8 shops, available with him where he could carry on business, if so required.

(3.) This second appeal by the plaintiff was admitted for consideration on 10.09.1998 with this Court formulating the following substantial questions of law: