SINNIBAI Vs. HITSHARAN

JUDGEMENT

(1.) The present appeals arise from the order dated 07.05.2009 passed by the High Court of Madhya Pradesh dismissing the defendants Second Appeal arising out of an Eviction Suit.

(2.) The Trial Court decreed the Eviction Suit on finding that the appellants-defendants had created nuisance in terms of Section 12(1)(c) of the Madhya Pradesh (Accommodation and Control) Act, 1961 (hereinafter referred to as the "Act"). The first appeal preferred by the appellant also stood dismissed.

(3.) Learned counsel for the appellants submitted that no nuisance had been created. The appellants were in possession under a valid lease. No unauthorised constructions had been raised on the Platform in front of Shop. The construction of the tin shed was with Municipal approval, to the knowledge of the respondent. Denying that any encroachment had been made, it was submitted that if the wooden platform placed over the municipal drain adjacent to the Platform was considered an obstruction, the appellants are willing to remove it. It was a purely temporary arrangement and was removed immediately after shop hours. It was specifically denied that any inconvenience had been caused to the respondent-plaintiff by reason of the customers coming to the shop of the appellants. It was lastly submitted that the First Appellate Court did not concur with the findings of the Trial Court regarding the tin Shed only and not on the issue of encroachment.