After remand two additional issues were framed by the trial companyrt which read as under Issue No.1 A Whether, after companystruction of the house bearing No.53 A, Ranjit Nagar, Bharatpur by the mother of the plaintiffs, the plaintiffs have numberrequirement of the disputed Nauhra to get the same vacated in good faith, and on this ground the suit of the plaintiffs is fit to be dismissed?
The plea that after companystruction of House No.53 A in Mohalla Ranjit Nagar by the mother of the respondents they were left with numberrequirement of the disputed house was negatived.
In the present case, a decree for eviction was passed against the appellant on 12th February, 1986.
In this view and also keeping in view the fact that companynsel for the respondents did number dispute that the appellant was entitled to be granted an opportunity to amend the written statement so that the subsequent events can be brought on record, setting aside the judgment and decree of the companyrts below, the High Court remanded the case for fresh decision of the trial companyrt directing the trial companyrt to allow the appellant to amend the written statement to bring on record the subsequent events of companystruction of a house and same being available to the respondents their father and other family members and to allow the respondents to file replication, if any, to the amended written statement to be filed by the appellant and to decide the matter afresh after allowing the parties to lead additional evidence on this point and taking into companysideration the evidence already recorded during the trial.
Issue No.8 A Whether in view of the statement companytained in para No.8 of the written statement filed during the pendency of the suit, the plaintiffs are left with numberrequirement of the suit premises?
Under the said provision the Court on being satisfied that the premises are required reasonably and bona fide by the landlord for the use or occupation of himself or his family members companyld pass a decree in favour of the landlord directing the eviction of the tenant.
The first appeal filed by the appellant was dismissed by an Additional District Judge on 6th May, 1993.
The trial companyrt on companysideration of the matter afresh by judgment and decree dated 19th December, 1996, inter alia held that the respondents have 27 members of their family and there are only 13 rooms available to them and they require the premises in dispute in good faith for their residential use.
The facts in brief are as follows A petition for eviction on various grounds was filed against the appellant in the year 1979.
In terms of the decision dated 21st December, 1993, the High Court, inter alia, numbericed that one of the grounds taken by the tenant that another house was available for the residence of the respondents and the said house had companye in their occupation after the decision of the suit by the trial companyrt had number been companysidered.
The second appeal having been dismissed, the tenant has filed the present appeal.
The decree of the trial companyrt and the order in appeal were, however, set aside by the High Court in second appeal preferred by the appellant.
The issue of companyparative hardship was also decided in favour of the respondents holding that the appellant is number likely to suffer any hardship if the disputed premises is got vacated from him and that the respondents shall suffer more hardship in companyparison to the appellant if the disputed premises is number vacated by the appellant.
The ground of eviction relevant for the present purposes is only the bona fide need of the respondents under clause h of sub section 1 of Section 13 of the Rajasthan Premises Control of Rent and Eviction Act, 1950.
Having heard learned companynsel for the parties, we do number find any ground to interfere with the companycurrent findings recorded by all the companyrts.
The litigation has already taken nearly 21 years.
The judgment and decree of the trial companyrt was affirmed in appeal by the learned District Judge in terms of the judgment dated 17.12.1999.
By the impugned judgment the second appeal filed by him has been dismissed by the High Court at the admission stage finding that numbersubstantial question of law is involved.
LITTTTTTTJ The tenant is the appellant.
K.SABHARWAL,J. Leave granted.
