KIRORILAL Vs. KISHORI DEVI

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 21. 9. 1993 whereby learned Additional District Judge, Karauli set- aside the judgment and decree of eviction dated 2. 6. 1988 passed by learned Civil Judge, Karauli.

(2.) THE plaintiff filed a suit for arrears of rent and eviction on 11. 5. 1977 against seven defendants who are legal heirs of the original tenant Sh. Chiranji Lal with the averments that the suit shop was let out to Sh. Chiranji Lal on 1. 1. 1965 at monthly rent of Rs. 5/- by the original landlord Sh. Ramhet. THE suit shop was purchased by the plaintiff vide registered sale deed dated 22. 11. 1975. Eviction was sought on the grounds of second default in payment of rent and reasonable and bonafide requirement of the plaintiff.

(3.) WHILE dealing with the issues No. 6 & 7 of reasonable and bonafide requirement and comparative hardship, the Trial Court having considered the evidence concluded that the suit shop is situated in Sarafa Bazar and the same is suitable for that business; that the plaintiff carried on Sarafa business for 10 to 12 years in a rented shop which was got vacated by its landlord in November, 1973; that the plaintiff has no other shop except the suit shop and the suit shop was purchased by him vide registered sale deed Ex. 16 on 22. 11. 1975 to carry on his own business; that after November, 1973 the plaintiff sometimes used to suit at his house and sometimes used to sit with his father to carry on Sarafa business. In view of the above findings, it was held that the plaintiff's requirement of the suit shop is bonafide and reasonable and comparative hardship would also be caused to the plaintiff in comparison to the present occupants of the suit shop as legal heirs of the original tenant Sh. Chiranji Lal.