M.C.JAIN
Jaharuddin – Appellant
Versus
Mohammed Lukaman – Respondent
2. The plaintiff respondent filed a suit for ejectment against the defendant on the ground of reasonable and bona fide necessity of the suit shop for the business of his son Mohammed Sadique. After framing necessary issues and recording the evidence of the parties, the learned Munsiff, Jodhpur City decreed the suit and the appeal filed against it by the defendant-appellant was dismissed as said above.
3. It has been contended by the learned counsel for the defendat appellant that the nature of the business which is to be started by the plaintiffs son Mohammed Sadique in the suit shop was not pleaded in the plaint and this fact alone is sufficient to show that the need set up is not genuine and reasonable. He further contended that the reply to the application moved under Order VI Rule 5, C. P. C. for further and better particulars on this poin
(1) Nana Lal Goverdhan Lal vs. Smt. Samrath Bai (AIR 1981 Bom 1)
(2) Moda Munchi Ramappa vs. Mulha Umru Bhalappa (AIR 1963 SC 1633)
(3) State of U.P. vs. Ram Chandra (AIR 1976 SC 2547)
(4) Mithulal vs. Radhelal (AIR 1974 SC 1596)
(5) Bhairav Chand Nardas vs Ranadhiv Chand Dutta (AIR 1988 SC 396)
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