- (1.) Leave granted. We have heard learned counsel for the parties in great detail, at the end of which a settlement was arrived at between them, the terms of which we shall spell out later.
(2.) The Appeal assails the order of the learned Single Judge of the High Court of Rajasthan in Second Appeal No.216 of 2010 dated 11.3.2011 which in turn related to the legal propriety of the decree of eviction passed by the First Appellate Court being the District Judge, Churu. The landlord/Appellant had filed a Suit for the eviction of the tenant/Respondent on sundry grounds out of which we are presently concerned only with that under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which envisages the eviction of a tenant on the predication of the landlord, "that the premises are required reasonably and bonafide by the landlord (i) for the use or occupation of himself or his family, ..".
(3.) We have perused the Plaint, the salient averments of which are that "in order to solve his financial problem the plaintiff wants to start a business of Paapad, Badi and spices in the disputed shop to be looked after by his wife. The wife of the plaintiff also wants to do the same and the plaintiff after his retirement himself wants to pursue and continue this industry and business and keep up his source of income. In these situations since the plaintiff and his wife and children will also require place for their residence for which he wants to vacate and utilise two rooms, store and varandah as are built on the first floor which is presently with Jaiprakash on rent. The plaintiff and his wife also need rooms built at the second floor of the house for the business and industry of Paapad, Badi etc., and for their residential purposes and for other needs. In this way, the plaintiff has legitimate, reasonable and bonafide need of the disputed shop and room which is at second floor for himself and his family members.......". After a perusal of these averments, it seems to us that it cannot be concluded that the eviction suit pleaded the bonafide need of only the subsequently deceased wife, either for commercial or residential requirement; the claimed need was of the plaintiff and his family.;