RAMDHANI SAHU Vs. VIDYA DEVI VERMA

JUDGEMENT

(1.) THIS interlocutory application has been filed on behalf of the appellant for substituting the names of heirs and legal representatives of deceased -sole appellant, who died on 23.4.2009. I.A.no. 1684 of 2009 is allowed. Let the name of heirs and legal representatives of deceased -sole appellant, as mentioned in para 4 of the substitution petition, be substituted in his place.

(2.) THIS appeal will be heard on the following substantial question of law: Whether the findings recorded by the appellate court reversing the findings of the trial court on the issue of personal necessity can be sustained in law? The respondent has already appeared in appeal and both the counsels have jointly prayed for hearing the appeal on merit.

(3.) THE plaintiff is the owner and landlord of the building premises, in which there are four shops. The defendant is in occupation of one shop where he is running the business. The plaintiff, in order to settle her son, who is unemployed, in business requires the suit premises for starting a readymade garment shop. According to the plaintiff out of four shops the shop in question, which is in occupation of the defendant is measuring 12' X 25' whereas the other three shops are measuring 6' X 10'. The plaintiff pleaded that the shop premises in question is the most suitable place for running a readymade garment shop.