JASHWANT RAJ Vs. BATA INDIA LIMITED

JUDGEMENT

(1.) THIS instant Second Appeal was argued at length by the learned counsel for the parties on 14.1.97 and after conclusion of their arguments, the judgment and decree passed by learned lower appellate court dated 17.8.92 was set aside and the judgment and decree passed by learned trial court was restored with an observation that reasons will follow later on. In pursuance of the aforesaid pronouncement of judgment on 14.1.97, reasons are being given today hereinbelow :-

(2.) THE present Second Appeal was filed by the plaintiff-landlord-appellants against the judgment and decree dated 17.8.92 passed by learned Additional District Judge No. 2, Jodhpur in Civil Appeal No. 15/89 by means of which he has set aside the judgment and decree dated 19.5.89 passed by learned trial court decreeing the suit of the plaintiff-landlord-appellants on the ground of their reasonable and bona fide necessity after comparing the comparative hardships of landlord and tenant.

(3.) THE plaintiff-landlord-appellants filed a suit for ejectment against the defendant-tenant-respondents, Bata India Limited on the ground of reasonable and bona fide necessity of the suit shop for business of clothes by plaintiff-appellants No. 1. It is stated that disputed shop along with its upper storey was purchased on 1.9.77 from Prayag Raj for which the defendant- tenant-respondent has information. It is alleged in the plaint by the plaintiff that the shop in question was purchased for doing clothes business by plaintiff-appellant No. 1 but in order to avoid long-drawn litigation, he who was earlier doing clothes business with his father, opened a clothes shop in the upper-storey of the disputed shop. Since the opening of the upper storey clothes shop was in a lane and there was only one and a half feet upstairs leading to the upper-storey clothes shop, therefore, customers were not coming to his shop and he suffered a loss and closed his clothes business. Thereafter, he took a shop on rent initially at the rent of Rs. 323.50 per month in "Dabgaron Ki Gali" which was later on enhanced to Rs. 375/- per month where he was forced to start business of Betel nuts (supari), as it was not a proper place for starting clothes business.