CHANDRA PRAKASH Vs. HASTI MAL

JUDGEMENT

(1.) THIS second appeal has been filed by the appellant � tenant Chandra Prakash being aggrieved by the judgment and decree dtd.25.9.2010 passed by the learned Additional Dist. Judge (Fast Track), Rajsamand in Civil Appeal No.8/2009 � Chandra Prakash V/s Hastimal whereby the learned lower appellate Court dismissed the appeal of the defendant � tenant Chandra Prakash and affirmed the judgment and decree dtd.23.2.2007 passed by the learned Civil Judge (Jr. Division), Rajsamand in civil Suit No.20/1999 � Hasti Mal V/s Chandra Prakash whereby the learned trial Court decreed the suit of the plaintiff Hasti Mal for eviction on the ground of bonafide necessity of the plaintiff landlord.

(2.) BY concurrent decree of eviction, the learned courts below had decreed the suit for eviction filed by the plaintiff - respondent in respect of suit shop situated at Rajnagar, Dist. Rajsamand in which the defendant � tenant is carrying on the business of cloth shop. The need claimed by the plaintiff Hastimal for his son Sanjay was to open a cloth business only by converting the shop into a proper showroom for which the plaintiff claimed that they have sufficient financial means to establish that cloth show-room.

(3.) ON the side opposite, the learned counsel for the respondent Mr. Kaushal Sharma supported the impugned judgments and submitted that no substantial question of law arises in the present second appeal. He also refuted the contention of learned counsel for the appellant and urged that being an income tax payer does not mean that Sanjay would not open cloth showroom, nor he could be expected to remain unemployed till eviction of the tenant.