R C TAMRAKAR Vs. NIDI LEKHA

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the High Court of Madhya Pradesh at Jabalpur dated 30th January, 1997 passed in Second Appeal No. 291 of 1993. The appeal is by the tenant.

(2.) Facts of the case are as follows:- The sole respondent-landlady filed a suit for ejectment and recovery of arrears rent and damages against the appellant-tenant. The grounds for ejectment were bona fide requirement for accommodation, non-payment of rent from 3-5-1985 to 31-7-1986 and also for renovation and alteration of the suit premises as it was in the dilapidated condition. The tenant denied the title of the landlady and that he was in the arrears of rent. The tenant also denied that the suit premises was required for bona fide accommodation of the respondent and for renovation and alteration. The suit was decreed by the Additional Civil Judge, Chhindawara, but the decree was set aside by the First Appellate Court. The second appeal was carried to the High Court and by the impugned judgment the High Court allowed the appeal and restored the judgment of the Trial Court. That is how the parties are before us.

(3.) We have heard Mr. Shiv Sagar Tiwari, learned counsel for the appellant-tenant and Mr. K.M.K Nair, learned counsel for the respondent-landlady.