16.09.2025 SL No.6 Court No.1 (gc)

SAT 42 of 2025 CAN 1 of 2025 Om Prakash Saraogi Vs.

Shobha Rani Jain & Anr. Mr. Sounak Bhattacharya, Mr. S. S. Bhutoria, Mr. Abhirup Halder, Ms. Bipasha Bhattacharyya …for the Appellant.

Mr. Vinay Kumar Purohit, Mr. Deepak Kumar Jain … for the Respondents.

1. The judgment of affirmation by the First Appellate Court is the subject matter of challenge in this second appeal.

2. The suit was filed for eviction of the defendant/appellant from the suit premises on the ground of reasonable requirement. We have carefully read the judgment of the Trial Court as well as the First Appellate Court. The requirement of the plaintiffs for reasonable requirement was proved amongst others on the basis of the report of the Advocate Commissioner. The suggestion of the defendant/appellant is that he is ready and willing to shift at the rear side of the suit building and hand over the room that he is in possession in the front side was not accepted by both the Courts as the plaintiffs were able to establish that the required rooms in addition to three rooms already in their possession at the rear end of the plaintiffs for commercial exploitation. It is settled law that th