Judgment :-

Vikramajit Sen, J.

1. Leave granted. We have heard learned counsel for the parties in great detail, at the end of which a settlement was arrived at between them, the terms of which we shall spell out later.

2. The Appeal assails the order of the learned Single Judge of the High Court of Rajasthan in Second Appeal No.216 of 2010 dated 11.3.2011 which in turn related to the legal propriety of the decree of eviction passed by the First Appellate Court being the District Judge, Churu. The landlord/Appellant had filed a Suit for the eviction of the tenant/Respondent on sundry grounds out of which we are presently concerned only with that under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which envisages the eviction of a tenant on the predication of the landlord, “that the premises are required reasonably and bonafide by the landlord (i) for the use or occupation of himself or his family, …..”.

3. We have perused the Plaint, the salient averments of which are that “in order to solve his financial problem the plaintiff wants to start a business of Paapad, Badi and spices in the disputed shop to be looked after by his wife. The wife of the p