USHABAI Vs. BALKRISHNA BIHARILAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against an order passed by the learned single Judge of the Madhya Pradesh High Court in Second Appeal No. 382 of 1999 whereby learned single Judge allowed the appeal of the defendants and set aside the decree of eviction granted by the first appellate court . Hence this appeal.

(3.) The original owner of the property which is situated in Khargaon Nagar was one Madhav Rao. He let out the suit premises to one Balakrishna on a monthly rent of Rs. 50/- on 1-12-1950. Later on a rent note was executed inter se parties on 24-11-1955. On 3-3-1964 Madhav Rao felt the need of money and, therefore, he took a sum of Rs.15,000/- from Balakrishna and executed a mortgage deed on 3-3-1964 in favour of Balakrishnas two sons namely Vijaykrishna and Shyam Sunder mortgaging the suit premises. Madhav Rao then effected a partition of his properties including the present suit house which fell in the share of his son, Mahesh Parsai. Mahesh became the owner of the suit house. On his death, the present plaintiffs who are the widow and sons respectively succeeded to the suit premises and became owners. The plaintiffs claiming to be the owners and landlords of the suit premises filed a suit out of which this present appeal arises against two sons of Balakrishna for their eviction from the suit house. The plaintiffs got the mortgage deed redeemed in their favour on 8-6-1982 after tendering the mortgage money. Thereafter, the plaintiffs called upon the defendants to vacate the suit premises as there was bona fide need of the plaintiffs i.e. for one of the sons, namely Pramod for doing business. It was also pointed out that the defendants had created sub-tenancy. Thus, the plaintiffs sought eviction of the defendants from the suit premises on two grounds i.e. bona fide need of Pramod for doing business under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act (hereinafter to be referred to as "the Act") and sub-letting of the suit premises to one firm falling under Section12(1)(b) of the Act.