AMBA LAL Vs. LALU RAM

JUDGEMENT

(1.) The present second appeal has been filed by the appellant-plaintiff-landlord, Amba Lal S/o Moti Lal Bohra, in this Court on 13.12.1995 aggrieved by the judgment and decree of learned lower appellate court of Additional District Judge, No.1, Udaipur allowing defendant-tenant's first appeal being Civil Appeal No.30/94- Lalu Ram Vs. Amba Lal & Ors. The learned lower appellate court below reversed the judgment and eviction decree dated 01.12.1993 passed by learned trial court of Munsif, Udaipur City (North), Udaipur in Civil Suit No.351/93- Amba Lal Vs. Lalu Ram & Ors., which was filed in respect of suit shop, situated at near Suraj Pole, Udaipur, which suit shop was initially let-out to the defendant-tenant, Lalu Ram way back in the year 1966 and later on a fresh tenancy was created in the year 1985 vide Rent Note Ex.1 dated 15.04.1985 for a monthly rent of Rs.350/- only.

(2.) The eviction suit was filed by the appellant-plaintifflandlord on 31.03.1990 seeking eviction of the defendant-tenant, Lalu Ram from the suit shop No.1 in Udaipur Hotel, near Suraj Pole of plaintiff, inter-alia, on the grounds of subletting by the original defendant-tenant, Lalu Ram in favour of one Vijay Ram S/o Girdhari Lal Paliwal and bonafide necessity of the plaintiff-landlord, who needed the suit shop for having a Reception counter and area in his Hotel building situated at heart of the city at Suraj Pole, Udaipur. On the ground floor of which on one side, four shops are constructed by the landlord and out of which, suit Shop No.1 on front right side was originally let out to the defendant-tenant, Lalu Ram according to plaintiff way back in the year 1966, which later on by a fresh Rent Note dated 15.04.1985 vide Ex.1 revising the rent to Rs.350/- per month was so let-out to him.

(3.) The learned trial court had decreed the eviction suit filed by the plaintiff-appellant vide judgment and decree dated 01.12.1993 while deciding the issues of sub-letting and bonafide requirement of landlord in favour of plaintiff-landlord. Against which, the defendanttenant, Lalu Ram filed the first appeal before the lower appellate court below, which appeal being Civil Appeal No.30/94 came to be allowed by the learned Appellate Court below on 19.12.1995 reversing the findings of learned trial court on both the issues No.2 and 3, viz. subletting and bonafide necessity of the plaintiff-landlord.