Judgment

DESAI, J.:- A tenant under decree of eviction is the appellant in this appeal by special leave.

2. Respondent landlord filed a suit for recovery of possession of premises being a small shop admeasuring 7 x 22 forming part of a big non-residential building situated in Sadar Bazar, Bilaspur town in Madhya Pradesh on two grounds, to wit: (i) that he (landlord) intended to open a medicine shop and he had no other reasonably suitable accommodation for the same in the town; and (ii) that he (landlord) required the suit building for the purpose of reconstruction and repairs which could not be carried out unless it was vacated by the defendant. The tenant resisted the suit pointing out that the landlord on his own admission as set out in plaint para 4 was in possession of a major portion of a non-residential building of which he acquired possession from the firm of Goraldas Parmanand which accommodation was sufficient for starting the business of Chemists and Druggists shop. It was also contended that the buillng was not in a dilapidated condition and did not need reconstruction and repairs.

3. The trial Court recorded a finding that the building was in a dilapidated condition and re