VINEET KOTHARI,J. - (1.) The defendant-tenant-Hatim Ali s/o Fida Hussain has filed the present second appeal in this Court on 8/12/1999 being aggrieved by the concurrent grant of eviction decree by two courts below in favour of the plaintiff-landlord-Rustam Ali, now represented by his legal representatives, who claimed eviction of the defendant tenant on the ground of personal and bona fide necessity of the landlord & his family members specially for the business needs of his son Abdul Rahim, who unfortunately died during the course of long litigation, in respect of the tenancy, which was commenced in the year 1976, about 40 years back.
(2.) It is the long time of litigation which is the theme of success of tenants in such litigation, otherwise as the facts of the present case would also show and the judgment and decree of the two courts below granting eviction decree would also indicate that the tenant had not even a semblance of standing to legally retain the possession of the suit shop in question in the present case.
(3.) Firstly, the relevant findings of the two courts below giving the decree of eviction in favour of the landlord on the grounds of default in payment of rent, sub-letting by the original tenant - Hatim Ali in favour of his father Fida Hussain and personal and bona fide necessity of the landlord are quoted below for ready reference:- Findings of the trial court : ...[VERNACULAR TEXT OMITTED]... ;