BABU LAL Vs. SHRIPAT LAL

JUDGEMENT

(1.) THIS civil second appeal under Section 100 C. P. C. filed by the plaintiff-appellant is preferred against the judgment and decree dated 9/1/1991 whereby the learned Additional District Judge No. 1, Bharatpur allowing two regular first appeals No. 3/1989 and 4/1989 set aside the judgment and decree dated 29/9/1984 by which learned Munsif, Bayana decreed the suit of eviction filed by the plaintiff and further determined standard rent of the suit shop Rs. 150 per month in the civil suit filed by the respondents.

(2.) FACTS in brief are that the plaintiff Babu Lal filed civil suit No. 49/1982 in the court of learned Munsif, Bayana on 26/5/1982 on the grounds of default in payment of rent, reasonable and bonafide necessity and to carry out repair work in the shop with the averments that the shop in question situated any Bayana was let out to the defendants Lilli Ram and Shripat Lal (father and son) on monthly rent of Rs. 150/- with effect from 1/7/1978. The defendants did not make any payment of the rent from 1/8/1980 and further the plaintiff requires this shop reasonably and bona fide for his own use and for his son Vishnu Kumar and further this shop is in a very bad condition, hence it is also required for repair and reconstruction.

(3.) ON 14/8/1991 following questions of law were framed : (i) Whether the finding regarding reasonable and bona fide necessity is perverse and against the law and the first appellate court has erred in not following the decision of this Hon'ble Court ? (ii) Whether the First Appellate Court has erred in fixing the standard rent of the suit premises and the findings are against law ?