MADHAV LAL Vs. MOTI LAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dtd. 30/9/2013 passed by the learned Addl. District Judge No.2, Bhilwara, whereby, the appeal filed by the respondent has been allowed and judgment and decree dtd. 7/12/2007 passed by the Addl. Civil Judge (Sr. Div.), Bhilwara has been reversed and consequently the suit filed by the respondent-plaintiff for eviction and arrears of rent has been decreed.

(2.) The suit was filed on 24/1/1992 by the respondent landlord seeking eviction of the appellant from the suit shop and for recovery of arrears of rent inter alia with the averments that the suit shop was situated at Sarafa Bazar, Bhomiyon-ki-Gali,Bhilwara, which was let out to the appellant-defendant on a rent of Rs.100.00 per month. It was alleged that the rent was in arrear since 1/1/1991 and on the date of filing of the suit, 12 months' rent was due. Allegation regarding material alterations in the shop by putting up iron sheets on angles on the wall above the gate of the shop were also made.

(3.) Further submissions were made that the area of the shop in which the plaintiff was carrying his business of 'Pan Shop' was 6'x3', which was adjoining the suit shop with only a wooden partition in between, the plaintiff's shop was too small and the plaintiff's son also is doing business with him in the shop, both the them cannot sit in the shop at the same time and one is required to stand on the street or go home. Further, the shop was too small to accommodate all the goods. Submissions were also made that the plaintiff's income was too low and it was very difficult to take care of the family from the said income and for the purpose of augmenting his income, he wanted to start wholesale business of 'Bidi', Cigarette, Pan Masala and confectionary items, which was not possible in the present shop. Indications were made that the plaintiff wanted to merge the suit shop with his shop by removing the wooden partition so that he can conduct his wholesale business and support his family well. With the above submissions, reasonable, bonafide and personal necessity also was claimed.