CHOTHMAL Vs. PREM KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Plaintiffs-respondents filed a suit for eviction against defendant-appellant on the ground of default in making the payment of monthly rent, non-user of the rented premise and bonafide necessity. Suit was contested by the defendant. Trial court framed four issues. After considering the evidence of both the parties, trial court decided Issue No. 1 relating to default against the plaintiffs. Issue No. 2 regarding non-user of the shop in dispute was decided against the plaintiffs. Issue No. 3 relating to bonafide necessity was decided in favour of the plaintiffs. Issue No. 4 relating to comparative hardship was decided against the plaintiffs by the trial court and in view of the finding of Issue No. 4, the suit of the plaintiffs was dismissed by the trial court. Being aggrieved with the same, the plaintiffs preferred first appeal.

(3.) It is relevant to mention that the defendant did not prefer any appeal against the finding of the trial court in respect of Issue No. 3 regarding bonafide necessity of the rented premises by the plaintiffs.