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2005 DIGILAW 2901 (RAJ)

BHAGWAN DAS v. MANJEET KAUR

2005-11-08

PRAKASH TATIA

body2005
Judgment ( 1 ) HEARD learned counsel for the appellant as well as learned counsel for the respondent. ( 2 ) IT is clear from the reasons given by the two courts below that two courts below after appreciation of all the evidences held that plaintiff proved the case of personal bonafide necessity for the suit shop. The court below also held that the plaintiffs son is doing business and after getting the suit premises, he will have the opportunity to do business properly and in case, the suit shop not be given to the plaintiffs son then he will suffer greater hardship. Contrary to it, the defendant is using the suit shop only for keeping his goods. No substantial questions of law is involved in this appeal Therefore, the appeal deserves to be dismissed, hence, dismissed. ( 3 ) LEARNED counsel for the appellant submits that the appellant is poor tenant and he will have to make arrangement of shifting of his business whereas learned counsel for the respondent-landlord submits that the appellant is doing business in other shop and the suit shop is lying ideal without any use. ( 4 ) I considered the submissions of learned counsel for the parties Looking to the fact that appellant is a tenant in possession of the shop since a long period, therefore, he will have to make some arrangements for vacating the suit shop, therefore, it will be just and proper to allow the appellant-tenant to remain in possession of the suit shop till 30th April, 2007 on a condition that the appellant shall submit written undertaking before the trial court within a period of one month from today and he shall not sublet the suit property nor will hand over possession of the property to any body else during this period and shall pay all the arrears of rent, if due, as well as litigation cost as decreed by the courts below and further shall pay the rent to the respondent-landlord or shall deposit the rent in the trial court by 15th day of each succeeding month and the appellant shall hand over the vacant possession of the suit property to the landlord by or before 1st May, 2007 In case of default or non-compliance, the decree shall become executable forthwith. Appeal dismissed.