Honble TATIA, J.–This appeal is by the landlord against the dismissal of his suit by the trial court in Civil Original Suit No.91/86 dated 14.12.1992 and which was upheld by the first appellate court in Civil Appeal Decree No.95/94.

(2). Brief facts of the case are that the plaintiffs-landlords filed the suit for eviction of their tenant deceased Ram Dayal on 19.3.1974. The plaintiffs sought eviction of the tenant on the ground of their personal bona fide need. During pendency of the suit, the plaintiffs submitted an application under Order 6 Rule 17 C.P.C. in the trial court on 14.1.1986 and submitted that before few years, the defendant has materially altered the suit premises and that fact came to the knowledge of the plaintiffs only on 29.12.1985, therefore, the plaintiffs want to incorporate another ground for eviction of the tenant and that is material alteration in the suit premises. The amendment was allowed by the trial court and the amended plaint was filed. The suit for eviction of the plaintiffs against the defendant, therefore, was on the ground of personal bona fide necessity of the plaintiffs and on the ground of material alteration in the suit premises by the tenant.

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