- (1.)THIS Civil Second Appeal has been preferred against the judgment and decree dated 22.02.2003, passed by the 2nd Addl. District Judge, Jammu, whereby the judgment and decree dated 19 -10 -2001, passed by the trial court in Civil suit No.117 titled Kasturi Lal Vs. Behari Lal, has been confirmed and the appeal was dismissed.
(2.)THE facts of the case, in brief, are noticed:
(3.)THE suit for eviction came to be commenced by plaintiff -landlord, Kasturi Lal against Behari Lal, defendant, before the trial court, mainly on three grounds. Firstly, bonafide requirement of the landlord of the demised shop to establish business for his grown up sons. Secondly reconstruction of the suit shop to increase accommodation to the advantage of the plaintiff -land lord and serve public purpose. Thirdly, the defendant has committed default in payment of rent, before institution of the suit.
The trial court framed the issues, based on the context and contour of the pleadings of the parties and allowed the parties of adduce evidence in support and in rebuttal thereof. The evidence adduced by the parties was discussed by the trial court thread -bare and it returned a finding based on the evidence of the parties in favour of the plaintiff - landlord with regard to personal bonafide requirement of the suit shop and for reconstruction, decreed the suit vide judgment dated 19 -10 -2001. aggrieved by the aforesaid judgment and decree, passed by the trial court, defendant appellant canvassed its correctness before the first appellate court. The first appellate court, after scrutiny, reached a finding of fact based on evidence, on record, and confirmed the judgment of the trial court after appreciation, evaluation and estimation of the evidence in its proper perspective. The first appellate court further held that the finding of the trial court is well reasoned in regard to the requirement of the suit shop of the plaintiff landlord for his personal use and occupation, and further to increase the accommodation by reconstruction. This concurrent finding of the fact given by the court below, became the subject matter of challenge by the aggrieved tenant in this civil second appeal.