JUDGMENT :

1. This is First appeal filed under Section 96 CPC against the judgment and decree dated 09.09.2008 passed by learned Third Additional District Judge, Bilaspur in Civil Suit No. 09-A/2008 by which the learned trial Court has dismissed the suit filed by the plaintiff for eviction as the plaintiff is unable to plead and prove that the shop is required bonafidely for the need of grandson of the appellant.

2. Brief facts necessary for disposal of this appeal are that, the plaintiff, who at the time of aged about 85 years has filed Civil suit mainly contending that the plaintiff has constructed ground floor, first floor and second floor in the name and style as “Kiran Lodge Bhavan” situated at Gandhi Chowk, Gandhi Nagar Ward No. 30, Juna, Tahsil and District Bilaspur. He has constructed six commercial shops in the ground floor of premises. He has also constructed store rooms behind the shops and has also provided public utility facilities on the west side of shop no. 4 and 5. The defendant's father Kanhaiya Lal Valecha has taken the said shop on rent which is annexed in Schedule A of the plaint described as Shop no 5, demarcated through A,B,C, D, E, F and G. Kanhaiyalal Valecha