TODAR MAL Vs. ABBAS ALI

JUDGEMENT

(1.) HEARD . Perused the impugned judgment dated 7.12.93 passed by the learned Addl. Civil Judge No. 2, Udaipur, whereby he dismissed appellant's first appeal and affirmed the judgment and decree dated 28.7.89 of the learned M.J.M., Udaipur ordering for appellant's ejectment from the suit premises.

(2.) BOTH the lower Courts have given a concurrent finding that the plaintiff respondent has a bonafide and reasonable necessity of the suit premises and that more hardship shall be caused to the respondent, if the decree for ejectment is not passed. These findings are based on evidence and are not perverse.

(3.) MR . Maheshwari has submitted that it is true that even in the absence of specific pleadings, it is a mandate in Section 14(2) of the aforesaid Act for finding out as to whether there is any possibility of partial eviction of the tenant from the suit premises, but an objective view has to be taken into consideration. In the instant case, the family of plaintiff respondent consists of seven members i.e. plaintiff himself, his wife and five grown-up sons and daughters and the accommodation available with him is only one room, one kitchen and one store. On the other hand, suit premises consists of three rooms, one kitchen, one bathroom, one latrine, verandah and a garage and moreover it is not possible to effect a partial eviction of the suit premises.