SADIQ ALI Vs. SAGARMAL

JUDGEMENT

(1.) - This is a second appeal under Section 100, C.P.C. and is directed against the judgment of Dist. Judge, Pratapgarh dated 28th August, 1980.

(2.) The brief facts of the case are that a shop situated in the main market of Pratapgarh town was let out by the plaintiff to the defendant on 29/05/1968. The plaintiff filed a suit for ejectment of the defendant mainly on the ground that the defendant himself is the owner of a shop and had obtained a decree against his tenant Bhagwan Dass. Therefore, the plaintiff is entitled to get vacant possession of his own shop.

(3.) The defendant admitted the tenancy and also admitted the fact that he has obtained vacant possession of his shop from Bhagwan Dass. The defendant however contested the suit on the ground that the plaintiff has no bona fide personal necessity of the suit shop. After recording the evidence produced by the parties, the learned Munsif dismissed the suit on 28-10-1978. Plaintiff Sadiq Ali filed an appeal before Dist. Judge, Pratapgarh but was unsuccessful and therefore, he has filed the present second appeal.