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"Whether on account of non-examination of the plaintiff landlord in a suit for eviction filed under the Provisions of BBC Act adverse inference could have been drawn by the Lower Appellate Court reversing the judgment of the trial Court on extraneous consideration?

10. It is argued on behalf of the plaintiff/appellant that despite concurring with the finding of fact recorded by the Trial Court that there was bonafide personal necessity of the appellant/plaintiff the eviction suit has been dismissed by the learned Appellate Court on the technical ground that the plaintiff had not been examined and the power of attorney holder (P.W.-10) was not competent to testify on behalf of his mother, the plaintiff of the case. It is further submitted that it is not in dispute that the plaintiff was an old and infirm lady who could walk only with much difficulty and there was other sufficient evidence on record which were accepted and finding of fact was recorded in favour of the plaintiff that there was a bonafide personal necessity for eviction. Reliance has been placed on the following authorities: