1998 (9) TMI 664

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....for his bona fide personal need for starting his business. It was the case of the respondent - landlord that though he was an advocate, he wanted the suit shop for starting his business of a 'General Store' as he did not intend to practice law. The suit was resisted. The trial court after framing issues and recording evidence came to the conclusion that the need of the landlord was not genuine or bonafide. The suit was dismissed. Landlord's appeal before the appellate authority failed and the finding recorded by the trial court of the effect that the need of the landlord was not bona fide or genuine was confirmed. The landlord thereupon filed a second appeal in the High Court. By the impugned order the concurrent findings of fac....

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....amended provisions of Section 100 CPC." The above judgment was approved by a three Judge Bench of this Court in Kahitish Chandra Purakait vs. Santosh Kumar Purkaji and others : (1997) 5 SCC 438 wherein it was held :- "10 We would only add that (a) it is the duty cast upon the High Court to formulate the substantial question of law involved in the case even at the initial stage; and (b) that in (exceptional) cases, at a later point of time, when the Court exercises its jurisdiction under the proviso to sub-section(5) of Section 100 CPC in formulating the substantial question of law, the opposite party should be put on notice thereon and should be given a fair or proper opportunity to meet the point. Proceeding to hear the appeal....