LAXMIBAI AND ANOTHER Vs. YOGESH KUMAR GLOCHA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 12th January, 1999 passed by the Additional District Judge, Dhamtari in Civil Appeal No.16-A/1995 by which the decree of eviction passed in favour of the landlord-plaintiff and against appellant-defendant has been affirmed and appeal dismissed.

(2.) Respondent- landlord filed a suit for eviction against the appellant tenant on the plea inter alia that the disputed shop which earlier constituted joint family property of the landlord was received by the landlord as his share under an oral partition effected on 1.4.1991. An information of the partition and landlord having become the owner by virtue of partition in respect of disputed shop was given to the tenant vide notice dated 24.6.1991 (Ex. P-1) and thereafter on 14.10.1991, further rent of three months was given by way of cheque by the defendant-tenant to the plaintiff and thereby accepted the plaintiff as the owner. On 12.12.1991, a notice was given for eviction on the ground of plaintiffs own need and at that stage, the defendant-tenant denied ownership and title of the plaintff over the disputed shop. On these material pleadings, suit for eviction was instituted.

(3.) Learned trial Court decreed the suit holding that plaintiff is the owner of the tenanted premises and the defendant is his tenant. It was also held that the plaintiff bona fide requires the disputed shop to run his business as he has no other suitable accommodation in his possession in the city. It was also held that by denying the title of the plaintiff, defendant has committed act which is prejudicial to the interest of the plaintiff and, therefore, the plaintiff is also entitled to decree under Section 12 (1) (c) of the Act of 1961.