CHIMANDAS & ANR Vs. KRISHNA DEVI & ORS

JUDGEMENT

(1.) THE instant second appeal arises out of the Judgment and Decree dated 29/05/2014 passed by the Additional District and Sessions Judge No. 3, Ajmer (hereinafter referred to as "the first appellate Court") in civil regular appeal No. 13/12 (23/12), whereby the appellate Court has confirmed the Judgment and Decree dated 24/02/2012 passed by the Additional Civil Judge (J.D.) No. 1, Ajmer (hereinafter referred to as "the trial Court") in civil suit No. 368/93 (36/92) and in suit No. 305/93.

(2.) THE facts in nutshell are that the plaintiffs -respondents filed a suit for eviction against the defendants -appellants with regard to the suit premises. In the plaint it is stated that the suit premises were given on rent to the defendants -appellants @ Rs. 250/ - per month. The eviction was sought on the ground of personal bonofide necessity of respondent No. 2 -plaintiff No. 2 Sh. Gopichand who wanted to start a business pertaining to polish and repairs of wooden furniture and its sale on basis of commission. The eviction was also sought on the other grounds of default in payment of rent for a period of about 15 months, nuisance, alternate accommodation, material alteration.

(3.) A written statement was filed by the defendants -appellants wherein the defendants -appellants admitted the fact with regard to tenancy. So far as ground with regard to bonafide necessity, was denied and it was stated the the premises in dispute is situated in cloth market and in no manner can be used for the purpose stated in the plaint. The defendants do not have any accommodation other than the suit premises for running a cloth business and plaintiff have an alternate vacant premises in the ground floor where the husband of plaintiff No. 1 used to carry on business of cutting of woods which has ceased to be of use owing to death of husband of palintiff No. 1. The rest of the grounds and averments in the plaint were denied.