SHYAM SUNDER Vs. NARBADA DEVI

JUDGEMENT

(1.) THIS is the tenant's second appeal arising out of a suit for arrears of rent and eviction.

(2.) THE plaintiff-respondent No. 1 instituted a civil suit for arrears of rent and eviction on 22. 7. 1982 against the appellant and his nephew Sh. Nand Lal (respondent No. 2) with the averments that the suit shop was let-out to the defendants for a period of 15 years on 23. 3. 1967. Monthly rent agreed upon was Rs. 35/ -. Eviction was sought on the ground that the plaintiff's son Shyam Lal of 24 years of age would start his cloth business.

(3.) BOTH the questions co-relate, hence are taken up together. Section 13 (1) (h) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short the Act) provides that where the premises are required reasonably and bonafide by the landlord for the use of occupation of himself or his family, a decree of eviction shall be passed. Section 14 (2) of the Act provides that no decree for eviction on the ground set forth in clause (h) of sub-section (1) of Section 13 shall be passed if the court is satisfied that having regard to all the circumstances of the case including the question whether other reasonable accommodation is available to the landlord or the tenant greater hardship would be caused by passing the decree than by refusing to pass it.