BHAGIRATH Vs. RAM PRASAD

JUDGEMENT

(1.) THIS is defendant's second appeal arising out of a suit for arrears of rent and ejectment.

(2.) THE plaintiff respondent No. 1, Ram Prasad, filed the suit, out of which this appeal arises, for ejectment of the defendants from the shop situated in Ramganj Mandi which was given on rent to them, on the ground of reasonable and bonafide necessity. THE suit shop was required by the plaintiff for carrying on business by himself and members of his family after carrying out necessary additions and alterations in the suit shop, along with two other shops nearby and by making the two shops in one, he wanted to carry on business of cloth, while in another shop he wanted to carry on business of hotel and restaurant. THE plaintiff had purchased the suit shop by a registered sale deed dated 27. 12. 1977 and filed the present suit on 6. 3. 1978. It was further submitted that the defendants were also defaulter as rent was not paid since June, 1977 to February, 978.

(3.) RELIANCE was also placed on M/s. Children Choice v. G. K. Adisasiya (10) and lastly, on Gautam Chand Jain v. Smt. Sushila Kumari Jain (11) where in the Supreme Court allowed the special leave petition filed by the tenant and held that where a tenant is running a business in the premises since long time and no other alternative accommodation is available, he will be hit harder in case his eviction is permitted.