BHAIYALAL Vs. BASANTI BAI

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the Code of Civil Procedure, filed by the defendant/tenant against the judgment and decree dated 13.3.1991 passed by the District Judge, Bhopal, in Civil Appeal No. 34 -A/90, arising out of the judgment and decree dated 19.12.1986, passed by Vth Civil Judge Class -II, Bhopal, in Civil Suit No. 260 -A/84.

(2.) THE respondents filed a suit for ejectment of the appellant from the suit -shop, situate at Shahjehanabad, Bhopal, under Section 12 (l)(f) of Madhya Pradesh Accommodation Control Act 1961 (henceforth 'the Act'), stating that they had no alternative accommodation of their own and the suit -shop is bona fide required for opening a tea -shop by the respondent No. 2 Santosh Kumar Jain. There were other grounds also for eviction under Section 12(1 )(b) and 12( 1 )(c) of the Act. The respondents/plaintiffs had stated that they wanted to construct a new shop where the present shop is situate, for the business of the respondent No. 1. They wanted to use the lower portion for the purpose of tea -shop and the upper portion as residence. It was further alleged that it was not possible to get the new construction done without getting the suit -shop vacated. However, there was express plea to the effect that the respondents shall live in the first floor of the shop and they will use the ground floor for the purpose of hotel; and for this pupose they required the suit -shop. It was also pleaded that the respondent wanted to get the shops of the adjoining tenants also vacated.

(3.) THE learned Trial Judge, inter alia, framed the issue on the question of Section 12 (l)(h) of the Act and decreed the suit. So far as the other grounds mentioned by the respondents, in their plaint, under Sections 12(1 )(f) and 12 (l)(c) were concerned, the learned Trial Judge rejected the plea of the respondents on these grounds.