BABU LAL Vs. GANGA BAI

JUDGEMENT

(1.) I have heard the learned Counsel for the parties in this Second Appeal, when the same was admitted on 3rd October, 1985,following two points were fromulated as arising for decision in appeal:

(2.) WITH regard to the first point, it was observed that the Courts below had not considered the aspect whether partial eviction of the tenant will meet the bonafide and reasonable necessity of the plaintiffs. This Court there fore framed an issue on the point and remitted the same to the Munsif, Pali for taking evidence on the issue and record its findings after affording both the parties on opportunity of hearing. The Munsif, Pali has sent his finding on the issue framed by this Court and has decided the issue in favour of landlords. The Munsif, Pali has held that partial eviction of the tenant from the suit premises will not meet the reasonable and bonafide necessity of the Plaintiffs. Thus the first point formulated by this Court on 3rd October 1985, should be decided against the appellant for the reason that it has been found as a fact by the first appellate Court that the suit premises are reasonably and bonafide required by the Plaintiffs -Landlords for their personal use and occupation.

(3.) ISSUE No. 10 relating to this matter was not pressed before the first appellate court and arguments were confined by both the sides to issues No. 3 to 6 and, therefore, the first appellate Court did not deal with this matter.