NARESH CHAND Vs. PREMLATA BAKSHI

JUDGEMENT

(1.) THIS second appeal of the defendant tenant pending for last 18 years in this Court was admitted on the following substantial question of law framed by this Court on 6. 9. 1991: Can the dead-man's personal necessity be a ground for ejectment?

(2.) THE plaintiff Smt. Premlata Bakshi W/o Sh. Mangal Singh Bakshi, who expired before filing of the second appeal by the defendant filed the eviction suit against the defendant appellant in the year 1981 on the ground of personal bonafide necessity of her husband and son who was engaged as Inspector in the National Insurance Company in respect of residential house situated at 24, Chitragupt Marg, Udaipur, which was let out under an oral agreement to the defenadnt on 15. 3. 1969 for a sum of Rs. 80/- per month as rent. THE bonafide need of the landlord was claimed on the ground that her son is getting married on 1. 7. 1979 and after retirement of her husband, he intends to work as property valuer and consultant Engineer, therefore, the suit property i. e. the said residential house would be required for residential and business need of the family members.

(3.) I have heard the learned counsels at length and given my thoughtful conside-ration to the rival submissions and judgments cited at the Bar and record of the case.