SHANKAR LAL Vs. BHANWAR LAL

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS Second appeal arises out of the Judgment and Decree passed by District Judge, No. 1, Bhilwara on 12.7.2001 evicting the appellants from the suit shop by affirming the judgment and decree passed by the Addl. Munsif and Judicial Magistrate No. 2, Bhilwara.

(3.) THE suit shop measure 28' x 4' and the shop occupied by the plaintiff which is adjacent to the suit shop measures 28' x 7' 6'. Both shops are situated in Sarafa Bazar, Bhilwara both the plaintiff and defendants are engaged in the business of dealing with articles of silver and gold. The need, which was pleaded by the plaintiff, is that he does not have any stair case for reaching the roof of his shop and if stair case is constructed within the shop occupied by him it becomes two small to carry out his business, and that he wants to enlarge the suit shop for the purpose of running business by placing counter thereon. While the shop occupied by the plaintiff is owned by his wife, suit shop is owned by the plaintiff.