- (1.) THE appellant -plaintiff -landlord has filed the present second appeal being aggrieved by the reversal of eviction decree by the first appellate court while allowing the defendant's appeal no. 5/2009 Tara Chand vs. Ram Niwas on 19/1/2010. The learned trial court had decreed the eviction suit filed by the plaintiff inter alia on the ground of bonafide necessity of the landlord and his family members giving the following findings in favour of the plaintiff: - Image 1
(2.) THE appellate court, however, reversed the eviction decree, even though the finding of facts noted by the first appellate court were in the following manner: - Image 2
(3.) HAVING gone through the judgments of courts below and upon hearing the learned counsels for the parties, the following substantial question of law is framed by this Court: "Whether the first appellate court was justified in reversing the eviction decree given by the trial court on the ground of personal bonafide need of the landlord and his family members, even though the finding of facts recorded by the appellate court, prima facie, indicates such need to have been bonafidely established by the plaintiff and whether the reasoning given by the first appellate court is perverse or not - Learned counsel for the appellant, Mr. Ravi Bhansali vehemently submitted that the first appellate court has wholly erred in reversing the eviction decree on the ground that the landlord Ram Niwas had since expired during the pendency of the appeal on 23/1/2001 and since son Kailash Chand, for whose need the eviction was sought of the suit shop in question, in which defendant was carrying on the business of gold smith, was doing some other job, therefore, the bonafide need was not established. He relied upon the various case laws of Hon'ble Supreme Court and of this Court in which it has been consistently held that the landlord is the best judge of his personal and business requirements and neither the tenant nor the courts can substitute their own opinion in this regard and dictate terms to the landlord, which will be referred hereinafter.;