THARUMAL Vs. JODH RAM

JUDGEMENT

(1.) THIS is a defendant's appeal against whom respondent's suit for eviction, from the suit shop, arrears of rent and mesne profits has been decreed by the Munsif and Judicial Magistrate First Class, Churu, and affirmed by the Additional District Judge, Churu in appeal.

(2.) THERE is a shop in the town of Churu and which is partitioned by tin -sheets. The eastern portion of the said shop has been on rent with defendant Tharumal under rent note Ex. 2 with effect from 9 -12 -64 on a monthly rent of Re. 50/ -. The defendant does his cloth business on that shop. The western portion of the shop has been in the occupation of the landlord Jodhraj on the date of the suit and his son Hukmi Chand is running a tea shop since 16th April, 1968. Jodhraj respondent -appellant by his notice dated 7 -10 -1968 (Ex. 13) and called upon the tenant to surrender vacant possession of the shop as he required the same reasonably and bonafide for his son Hukmi Chand, because the present shop for running the tea shop is very much insufficient. The defendant through his counsel vide his reply Ex. 16 denied the necessity of the plaintiff and refused to vacate the shop. The plaintiff then instituted the present suit out of which this appeal has arisen on 17 -5 -69. The ground taken for the defendant's eviction from the suit shop was only personal requirement of the plaintiff for his Bon Hukmi Chand. The rent due on the date of the suit and mesne profits were also claimed.

(3.) THE learned trial Munsif tried the case on various issues He came to the conclusion that the plaintiff needed the suit shop reasonably and bonafide. The defendant preferred an appeal. The learned Additional District Judge also inspected the site at the request of the learned Counsel for the plaintiff on 21 -10 -74. The learned Judge discussed the evidence of the parties in detail and by his judgment dated 31 -10 -74 maintained the decree of the trial Judge and dismissed the appeal. This is the subject matter of the appeal in this Court.