SHANTILAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE present misc. appeal under Order 43 Rule 1 CPC has been filed by the appellant/landlord, Shantilal S/o. Sh. Bhagwan Das Agrawal aggrieved by the remand order dated 17.04.2015 passed by learned Additional District Judge No. 1, Bikaner, sending the eviction suit for fresh trial to the learned trial court who had granted eviction decree in favour of landlord in Suit No. 88/04 -Shantilal v. Ashok Kumar on 11.08.2011.

(2.) LEARNED trial court had granted eviction decree on 11.08.2011 on the ground of bonafide need of the landlord while giving following findings in favour of appellant/plaintiff.

(3.) MR . Narendra Thanvi, learned counsel for the appellant/plaintiff submitted that a well reasoned decree finding the personal, bonafide and reasonable necessity of the landlord and giving that eviction decree on that, the same has been set aside by the learned lower appellate court on wholly flimsy grounds namely that the document was sought to be produced by the defendant/tenant, which prima -facie indicated that a rented out shop was already available with the landlord and another shop in the name of plaintiff's father allotted in the Krishi Mandi Yard, in which the plaintiff could have a share and, therefore, he could satisfy his such need for the suit shop with the said alternative accommodation available to him and these documents found relevant, deserves to be considered by the trial court and, therefore, remand was made by the learned lower appellate court below.