KALIMUDDIN VANAK Vs. JASPAL SINGH CHABRA

JUDGEMENT

(1.) This second appeal preferred by the appellant/Lrs. Of original plaintiff was admitted for hearing on 27/11/2014 by formulating the following substantial question of law :

(2.) The suit accommodation (shop), situated at Tarbahar Chowk, Bilaspur as shown in Schedule 'A' appended with the plaint, was let out by the original plaintiff Tahir Bhai Vanak to the sole defendant Jaspal Singh Chabra on 01/08/1992 and an agreement was entered into by them on 15/02/2003 (Ex. P/1) for letting out the suit shop on a monthly rent of Rs. 1,650/ for a period of five years i.e. upto 31/03/2008 for nonresidential purpose.

(3.) It is the case of the original plaintiff that he is a businessman and is an authorized retailer of Amul Company in Bilaspur for which he requires a retail showroom and the suit shop fulfills his requirement as he did not have any other alternative accommodation in the township of Bilaspur and he also wanted to start a separate business for his grandson Adnan Vanak, therefore, the suit shop was required bonafidely for the joint need of plaintiff and his grandson for which he served legal notice to the defendant/tenant on 06/12/2006 for handing over the vacant possession of the suit shop and when the defendant/tenant failed to do so, on 31/03/2008, plaintiff informed the defendant/tenant about the termination of tenancy but the defendant/tenant still did not vacate the suit shop which necessitated the plaintiff to file a suit against him for ejectment, recovery of possession and for damages.