HARI KISHAN P.SETH Vs. KALIDAS BISWAS

JUDGEMENT

(1.) A double storied building named as "Kalidas Bhawan", situated at Bistupur, Jamshedpur belonged to Kalidas Biswas, Western portion of its ground floor consisting of two bed -rooms, kitchen, courtyard, latrine and bath -room was let - out to Hari Kishan P. Seth on monthly rental of Rs. 400/ -, excluding electricity charges.

(2.) IN September 1990 plaintiffs wife started business of running a Baby Creche in one of the rooms of the first floor thereof, which was the drawing - room. She was keeping children of working parent in the said creche from 9 a.m. to 5 p.m. Very soon she got good response and good number of parent offered their children for being kept and taken care of by plaintiffs wife and as such more space was required to accommodate newly coming children. Besides the said drawing -room, the plaintiff and his wife were using second room as their bed - room and third room in his occupation was being used as bed -room by his two daughters and fourth room was being used as study room by the daughters. There was no space left for entertaining guest and visitors.

(3.) PLAINTIFFS further case was that two small rooms of his out -house, which was under tenancy of M/s. Empire Industry were no doubt vacated during pendency of the suit, but the same was totally unfit to run Baby Creche business and as such 5" partition wall between those two rooms was dismantled and it was converted into a single room for keeping his Ambassador Car therein and iron gate was installed.