RATHORE TRADING CO Vs. HARMINDER KAUR

JUDGEMENT

(1.) The instant second appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the defendant against whom both the Courts below have passed a decree for its eviction from the suit premises on the ground covered under Sec. 12(1)(f) of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961').

(2.) The suit for ejectment was filed on 5-5-1983 in relation to the shop, a non-residential accommodation, situated at Mahatma Gandhi Road, Jorapara, Raipur, inter alia, on the pleadings that the defendant is the tenant of the plaintiff on monthly rent of Rs. 450.00 and the defendant is carrying on the business from the suit accommodation in the name and style of Rathore Trading Company. According to the plaintiff, her business has grown and due to this expansion the plaintiff bona fidely needs the premises for continuing the expanded business. She carries on the business in partnership and deals in spare parts of motor cycles, scooters, etc. It was stated that the plaintiff needs the present premises as well as the adjoining shop occupied by Ajanta Electricals, which has fallen vacant in Dec., 1988 and is in occupation of the plaintiff but the need for the present suit accommodation is still continuing as she needs both the premises for the expanded business.

(3.) The defendant admitted the relationship of landlord and tenant, however, plaintiff's plea regarding bona fide need was denied and it was stated that the plaintiff is not in business, therefore, there is no question of expansion of her business. It was also stated that the plaintiff has got 3 shops in her possession in the ground floor at Malviya Road and has also obtained possession of the premises situated in the first floor previously occupied by the Bank of Baroda. It was further stated that the plaintiff being a lady has never done any business, therefore, the plea of bona fide need is artificial and that the plaintiff having occupied the portion in possession of another tenant M/s Ajanta Electricals during pendency of the suit the need, if any, has been satisfied.