A landlord cannot plead bona fide requirement for the alternative accommodation to be given to a family member.

S.C. Pandey, J.

1. This is an appeal under section 100 of Code of Civil Procedure, 1908 against judgment and decree, dated 12-7-1988, passed by Shri A. Khakha, Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 24-A/86 arising out of judgment and decree, dated 27-7-1986 in Civil Suit No. 41-A/81 passed by Shri B. L. Jatwa, Civil Judge Class II, Rajnandgaon.

2. The respondent/landlord filed a suit for eviction against the appellant on the ground that the suit house is required bona fide by him for the purpose of his residence as well as for doing medical practice. Initially it was pleaded in the plaint that the appellant was residing in the middle block of the suit house, shown in the plaint. The entire house consisted of three small blocks and the respondent pleaded that he required the entire three blocks for his residence as well as for running a dispensary. It was also pleaded that besides the three blocks shown in the Schedule-A to the plaint, the respondent had no alternative suitable accommodation within the limits of Rajnandgaon Municipality. It was also pleaded that at the time of filing the suit, the appellant was occupying the middle block and one more block was in occupation of another tenant whereas one of the blocks was vacant.

3. It was further pleaded that the appellant was occupying the middle block, shown by red colour in the map, for residential purposes. The tenancy of that house began from 15th of every month and was liable to be terminated on 14th of next month. Since the appellant did not vacate the house despite the notice dated 18-2-1981, the suit was filed on 6-3-1981 after terminating the tenancy. The respondent also claimed the rent at the rate of Rs. 35 per month from 15-2-1981, charges for serving the legal notice on the appellant and other incidental charges. Thus a claim for Rs. 60/- was made apart from eviction.

4. The appellant denied the claim of the respondent. It was pleaded by the appellant that respondent was resident of Durg where he had opened a dispensary at Nandani Road, Bhilai. It was stated in the written statement that the respondent was having a good medical practice at his dispensary, situate at Nandani Road, Bhilai. He has also constructed a house at Durg. In view of the aforesaid facts, it was pleaded by the appellant that the requirement pleaded by the respondent was not bona fide as there was no desire on the part of the respondent to shift to Rajnandgaon. It was also pleaded that apart from the block in occupation of the appellant both the blocks in the suit house were vacant and the respondent was in possession of both the blocks. It was further pleaded that since the respondent was consultant of Bhilai Steel Plant, he was not likely to shift to Rajnandgaon. He was already in possession of two blocks. Out of them, one block was vacated by the tenant only a few months back, but the respondent did not start his dispensary in one of the blocks. It was also pleaded that the respondent also did not shift to Rajnandgaon after getting possession of these two blocks and this fact also showed that the respondent does not need the suit house in good faith. For these reasons, it was prayed that suit is liable to be dismissed.

5. The trial Court decreed the suit holding that the suit house was required bona fide by the respondent for his residence and he had no alternative accommodation of his own within the municipal limits of Rajnandgaon. It was also held that the respondent was entitled to a decree for the amount claimed by him. In appeal against the eviction, the learned Additional District Judge had confirmed the finding of the trial Court holding that the suit house was required bona fide by the respondent for his residence. He has also held that the respondent was unable to meet the evidence of Dr. Abdul Mazid Khan (PW-1), who has stated in his evidence that he required the block in question for his practice and the two blocks were required for h