JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment dated 24th September, 1998.

2. Briefly stated the facts are as follows :

The Appellant is the owner of premises bearing No. 29A, Police Line Road, Ward No. 10, Bhagalpur Kutchery Road, Bhagalpur, U.P. The Respondent is a tenant in one of the flats in the said building. The Appellant filed Title Eviction Suit No. 15 of 1991 against the Respondent on the ground that the said flat was required by her for her own occupation. The Appellant claimed that she was staying in premises belonging to her son and that her son had asked her to vacate the premises. The Appellant claimed that she wanted the flat occupied by the Respondent as it was on the ground floor and on the northern side of the building and contiguous to the ancestral building where she was presently residing, i.e. Shiva Bhawan. The Appellant also claimed that the said flat faced an open piece of land which belonged to her husband. The Appellant claimed that she being old could not climb to the first floor and the ground floor flat on the south side of the building was not suitable as it faced a crowded road and was noisy.

3. In the written statement filed by the Responde