FIROJUDDIN Vs. BABU SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants purchased the open and closed area of House No.3, North Gafur Ki Bajariya, Indore by a registered Sale Deed from Smt. Kaushar Farzana daughter of Hakim Ajmal Khan of Indore. The respondent herein was residing in the two rooms constructed on the ground floor of the aforesaid house on rent since the time of Smt. Kaushar Farzana. The appellants-plaintiffs filed a suit for possession by way of ejectment of the respondentdefendant from the suit property and for payment of arrears of rent under Sections 12(1)(a), (e) & (c) of the M.P. Accommodation Control Act, 1961. They contended that the respondent-defendant has defaulted in payment of rent and that they do not have any other alternative suitable residential accommodation in the City of Indore.

(3.) The Trial Court, inter alia, held that the relationship of landlord and tenant between the appellants-plaintiffs and the respondent-defendant has been proved and the respondent-defendant was held liable to pay arrears of rent. Being aggrieved by the judgment and decree passed by the Trial Court, the respondent-defendnt filed an appeal before the Court of Additional District Judge, Indore. The First Appellate Court holding that the appellants-plaintiffs have bona fide requirement of the suit property for residence, dismissed the appeal filed by the respondent-defendant. The respondent-defendant thereafter filed second appeal before the High Court of Madhya Pradesh, Indore Bench.