JAI KISHAN Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) A tenant, against whom a decree for eviction has been passed under S. 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the 'Act') on the ground that the landlady bona fide requires the premises in question for personal use and occupation, has approached this Court by way of the present appeal by special leave.

(2.) The premises in question consist of a shop abutting on a main road along with two rooms on the back side of the shop, one room above the kitchen, and a store room and a latrine. The appellant-tenant has taken the premises on lease for non-residential purpose namely, for running of an eating house in the name of 'Standard Bhojnalaya'.

(3.) The premises are owned by Mst. Mumtaz Begum. She instituted the suit giving rise to the present appeal, for eviction, on the ground that she required the premises for the purpose of enabling her sons, who had no suitable accommodation, to carry on their business in the said premises. The trial Court and the appellate Court have recorded a concurrent finding of fact that the premises are bona fide required by the owner of the premises to enable her sons to start their business in the premises in question. The High Court has confirmed this finding.