MAHADEV KHARWAL Vs. HARAK CHAND

JUDGEMENT

(1.) THIS first appeal filed by the defendant -tenant is arising out of the judgment and decree dated 12.08.2004 passed by the learned Additional District Judge (Fast Track) No. 2, Jodhpur in Civil Regular Case No. 199/2003 "Harak Chand Salecha v. Mahadev Kharwal" by which, the learned Additional District Judge (Fast Track) No. 2, Jodhpur had decreed the suit filed by the plaintiff -Harak Chand seeking eviction of the defendant and for recovery of rent in relation of the disputed house situated at Chopasni Housing Board, House No. 15/137, Jodhpur. The suit was decreed on the ground of bona fide necessity of the house in question of the landlord.

(2.) THE present first appeal has been filed by the appellant, who was the defendant -tenant before the learned Trial Court, against the decree of eviction granted by the Court below in favour of the plaintiff.

(3.) HAVING heard the learned counsel for the parties, this Court fully concurs with the view taken by the Trial Court. The bona fide need of the plaintiff and his family members was fully established. The tenant is not permitted in law to dictate terms to the land -lord to how he should adjust his family accommodation requirements. The need established is not mere wishes or desire but a bona fide and reasonable need of the son's family. There is no reason to take a different view of the matter as taken by the Trial Court as there is no contra evidence available on record.