Dr. Vineet Kothari, J. - (1.) THE present misc. appeal under Order 43 Rule 1 CPC has been filed by the appellant/landlord, Shantilal S/o. Sh. Bhagwan Das Agrawal aggrieved by the remand order dated 17.04.2015 passed by learned Additional District Judge No. 1, Bikaner, sending the eviction suit for fresh trial to the learned trial court who had granted eviction decree in favour of landlord in Suit No. 88/04 -Shantilal v. Ashok Kumar on 11.08.2011.
(2.) LEARNED trial court had granted eviction decree on 11.08.2011 on the ground of bonafide need of the landlord while giving following findings in favour of appellant/plaintiff. The learned first appellate court remanded the matter back to the trial court by impugned order dated 17.04.2015 allowing two applications filed by the defendant/tenant under Order 41 Rule 27 read with Section 151 CPC and under Order 6 Rule 17 read with Section 151 CPC. The reasons assigned by the learned appellate court of Addl. District Judge No. 1, Bikaner, while remanding the matter back to the trial court are also quoted herein below for ready reference: - -
(3.) MR . Narendra Thanvi, learned counsel for the appellant/plaintiff submitted that a well reasoned decree finding the personal, bonafide and reasonable necessity of the landlord and giving that eviction decree on that, the same has been set aside by the learned lower appellate court on wholly flimsy grounds namely that the document was sought to be produced by the defendant/tenant, which prima -facie indicated that a rented out shop was already available with the landlord and another shop in the name of plaintiff's father allotted in the Krishi Mandi Yard, in which the plaintiff could have a share and, therefore, he could satisfy his such need for the suit shop with the said alternative accommodation available to him and these documents found relevant, deserves to be considered by the trial court and, therefore, remand was made by the learned lower appellate court below.;