RIYAZ MOHAMMAD Vs. RAMESHWAR

JUDGEMENT

(1.) THIS second appeal by the tenant, Riyaz Mohammad, arises out of a suit for eviction filed by the respondent, Rameshwar, in respect of a shop situate at Mantharon-Ka-Rasta at Jaipur. The respondent has sought eviction of the appellant on the ground of bonafide and reasonable personal necessity to carry on Kirana business. The said suit was dismissed by the Addl. Munsiff & Judicial Magistrate, First Class No. 4, Jaipur City, Jaipur, by his judgment and decree dated 24th February, 1981, on the view that the respondent had failed to establish reasonable and bonafide personal necessity for the premises. The said judgment and decree of the Addl. Munsiff was reversed in appeal, by the Addl. District & Sessions Judge, No. 6, Jaipur City, who, by his judgment dated 30th September, 1982, passed a decree for eviction against the appellant and in favour of the respondent.

(2.) ONE of the questions which has been raised by the appellant in this appeal is whether it was necessary for the courts below to give findings with regard to section 14 (2) of the Raj. Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as 'the Act') and to give a finding whether reasonable necessity could be satisfied by partial eviction. Shri R. M. Lodha, the learned counsel for the appellant has placed reliance on the decision of the Supreme Court in Rahaman Jeo Wangnoo Vs. Ram Chand (1 ). In support of his submission that it was incumbent upon the courts below to consider the question as to whether the reasonable necessity of the plaintiff could be satisfied by partial eviction. Shri Lodha has also placed reliance on the decisions of this Court in Bhawani Singh Vs. Achal Singh (2) and Sima Sandesh Vs. Gian Kaur (3 ).

(3.) THIS issue is remitted to the court of Additional District & Sessions Judge No. 6, Jaipur City, Jaipur for recording a finding on this issue after affording an opportunity to both the parties to adduce their evidence. The finding may be sent to this court within a periof of six months from the date of the receipt of the record. The parties are directed to appear before the Additional District & Sessions Judge No. 6, Jaipur City, Jaipur on 26th April, 1989. The record may also be sent. .