PANMAL Vs. JAMNA DAS

JUDGEMENT

(1.) The present second appeal has been filed by the appellant/defendant/tenant, Panmal S/o Nathmal Sindhi, aggrieved by the judgment and eviction decree dated 05.08.2008 passed by learned Additional District Judge No.2, Bikaner, in Civil Appeal No.66/2005, whereby the appeal filed by the respondent/plaintiff was allowed while reversing the judgment and decree dated 29.07.2003 passed by learned Civil Judge (Jr. Division), Doongargarh, in Original Suit No.132/1992, dismissing the plaintiff's suit for eviction on the ground of personal bonafide need of the plaintiff/landlord.

(2.) Briefly stated, the facts of the case are that the plaintiff/respondent filed a suit on 14.07.1992 seeking eviction of the present appellant/tenant on the ground of bonafide need of the suit shop for his son, namely, Suresh Kumar, material alternation in the suit suit without the prior permission of the plaintiff/landlord and recovery of rent from the suit premises i.e. shop in question situated in Ward No.15, Mohalla Mamasar-KaBas, Near Bus Stand, Doongargarh, Bikaner. The suit shop was initially let out to the defendant at a monthly rent of Rs.81/- per month on 01.10.1973 and thereafter the same was increased to Rs.170/-. The suit shop was needed for starting business of son of the plaintiff, who wishes to run the business of selling tea in the suit shop.

(3.) The appellant/defendant upon receipt of the summons of the said suit submitted his written statement while denying the contents of the the plaint and also denied the bonafide need of the suit suit for the son of the plaintiff/landlord. The appellant/defendant questioned the bonafide need of the plaintiff/landlord and submitted that the plaintiff's son was doing the business of restaurant. The factum of material alteration was also denied while alleging that the same was got done with the prior permission of the landlord. The appellant also denied that any rent was was lying outstanding. The family of the plaintiff is not a joinly family and all the family members viz. brothers are living separately and so also are doing their business separately.