RAVI KUMAR Vs. GAURI SHANKAR

JUDGEMENT

(1.) SUIT for eviction instituted by respondent landlord (for short `landlord') in regard to shop in question on the ground of reasonable and bonafide necessity was dismissed by learned Additional Civil Judge No. 2 (Jr. Div.) Jaipur City. Learned Additional District Judge No. 6, Jaipur city, however allowed the appeal of the landlord and reversed the findings of learned Additional Civil Judge. It was held that requirement of the landlord was reasonable and bonafide. Against the decree and judgment of learned first appellate court that the instant second appeal has been preferred by the tenant.

(2.) AT the time of admission of appeal following substantial question of law was formulated by this court:- " Whether the finding of fact recorded by the learned first appellate court, without discussing the evidence in the respect that the appellant requires the property in dispute for bonafide purpose is perverse?"

(3.) THE principles in regard to partial eviction of the tenanted premises has been laid down by their Lordships of the Supreme Court in Badri Narayan Chunilal Bhutada vs. Govindram Ramgopal Mundada ( (2003) 2 SCC 320) thus:- " It is expected of the parties to raise necessary pleadings and the court to frame an issue based on the pleadings so as to enable parties to adduce evidence and bring on record such relevant material as would enable the court forming an opinion on the issue as to comparative hardship and consistently with such finding whether a partial eviction would meet the ends of justice. Even if no issue has been framed, the court may discharge its duty by taking into consideration such material as may be available on record. "