PREETAM CHAND & ANOTHER Vs. SALEEM KHAN

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit filed by the plaintiff-landlord, appellants herein against the defendant-respondent on eviction on the ground of bonafide and personal necessity as well as the default in payment of rent. The case of the plaintiff-landlord is that he had not other shop in the bazar where he could do business and since the shop in dispute was in main bazar where the business of sugar, boora, batasa, gur, etc. is being done. He also required the shop in dispute for doing the same along with the business of general grocery. The plaintiff also claimed eviction on the ground of default in payment of rent.

(2.) The learned trial court by judgment and decree dated 25.11.1994 decreed the suit of the plaintiff-landlord on the ground of personal bonafide necessity as well as on the ground of default.

(3.) The tenant-defendant filed a regular appeal before the learned lower appellate court and the learned lower appellate court reversed the findings of the learned trial court on both the issues relating to personal bonafide necessity as well as default and dismissed the suit of the plaintiff-landlord by the impugned judgment and decree dated 20.12.1995. Consequently, the plaintiff-landlord filed the present second appeal under Sec. 100 CRC. before this Court.