LOHARE LAL & ANR Vs. MAN MOHAN

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 30.4.2008 passed by Additional District Judge, Gangapur City, Distt. Sawai Madhopur in Civil Regular Appeal No. 32/2002 confirming the judgment and decree dated 21.10.2002 passed by Civil Judge (Senior Division) Gangapur City, in Civil Suit No. 84/99.

(2.) The short facts of the case are that plaintiff respondent filed a suit for eviction on the ground of bona fide necessity, default and nuisance due to change of use of commercial premises. The contention in the plaint was that the suit premises is bonafidely needed to run a cloth merchant shop for the plaintiff. He has no other shop to start his business and furthermore, the defendant appellant has took the shop on rent for medical store but he has started the profession of Doctor there. Both the courts below have decreed the suit against the appellants on both the above grounds, hence this second appeal.

(3.) The contention of the appellants is that from the very inception of the tenancy, he is using the shop for medical practice which is not inconsistent with the shop of medicine and in his written statement it has been specifically alleged that the plaintiff respondent has possession of two shops with him, one has been let out to Hari Narayan Bhandari in the year 1999 which has been get vacated after dissolution of firm and other shop has been get vacated through compromise decree from Nawal Kishoe hence if the plaintiff respondent has any need of the disputed premises his need could be fulfilled by any of the shops which are in his possession. Both the courts below have not found force in the contention of the appellants, hence this appeal.