SUSHILA DEVI Vs. MAHAVIR KUMAR SANGHI

JUDGEMENT

(1.) THIS is a defendant-tenant's second appeal under Section 100 of C. P. C. whereby the appellants have challenged the concurrent findings of the two courts below decreeing the suit of eviction on the ground of personal bonafide need in favour of the plaintiff-landlord-respondent herein.

(2.) MR. Ashok Sharma, learned counsel appearing for the appellants, has submitted that since the bonafide need of the plaintiff-respondent, Shri Mahaveer Kumar Sanghi, who was a practicing advocate extinguished with the death of the said plaintiff-respondent on 1. 5. 2004 during the pendency of this appeal, therefore, the decree cannot be executed and a substantial question of law arises in the present appeal. He relied upon the judgments of Hon'ble Supreme Court in Kedar Nath Agarwal (Dead) and Another vs. Dhanraji Devi (Dead) by L. Rs. and Another (2005 (1) Apex Court Judgments 45 (SC); Pratap Rai Tanwani and Another vs. Uttam Chand and Another (2004 (2) Apex Court Judgments 391 (SC) and Parmanand vs. Abdul Kair (RLW 1973 240 ).

(3.) THIS Court is of the opinion that death of the plaintiff- respondent in the present case during the pendency of the appeal does not completely eclipse the bona fide necessity of the landlord, which existed on the date of institution of the suit and which was found to be a good ground for decreeing the suit for eviction by the two courts below concurrently. THIS is purely a finding of fact whether the bona fide personal necessity of the plaintiff-landlord existed or not. Therefore, no interference in such concurrent finding of facts can be made in the present second appeal as no substantial question of law arises in the opinion of this Court in this appeal. The present second appeal is devoid of merit and the same is, accordingly, dismissed with no order as to costs. .