RESHMI DUGAR Vs. RAM SOMARI DEVI

JUDGEMENT

(1.) THIS appeal, by the tenant, has been preferred against the judgment and decree dated 25th June, 1998, passed by Shri Kamla Prasad, Additional District Judge, Koderma in Title (Eviction) Appeal No. 6 of 1991, whereby, learned lower appellate Court has reversed the judgment and decree dated 30-4-1991, passed by Sri Nishat Haider, Munsif, Koderma in Title (Eviction) Suit No. 61 of 1986.

(2.) THIS appeal was admitted on 13-4-1999 for hearing on the following questions of law :

(3.) THE case of the defendants in short was that Bachraj Dugar was never a tenant in his individual capacity. Rather the Firm 'Dugar Brothers' is the tenant was never a tenant. The Firm was reconstituted from time to time and certain family members of Dugar family were its partners. The defendants contended that the firm and all surviving heirs of Dugar family have not been made party in the suit. The defendants denied that plaintiffs required the suit premises for engagement of her sons as they were engaged in other business. It was further contended that the plaintiff could utilize other premises for engaging her sons.