DARIYAV SINGH Vs. AGRO INDUSTRIAL COMPANY

JUDGEMENT

(1.) Appellants by Mr. M. I. Khan, advocate. Respondent by Mr. G. M. Agrawal, advocate.

(2.) This appeal was admitted by this Court for final hearing vide order dated 28-10-2009 on the following substantial questions of law :-

(3.) Short facts of the case are that suit for eviction was filed by the respondent on 10-9-1996 against the predecessor-in-title of appellant/ Daryaosingh s/o Sawantsingh alleging that the respondent is the Company registered under the provisions of Companies Act. It was alleged that the house in question is situated at Barwani in which appellants are tenants @ Rs. 15/- per month. It was alleged that appellants are in arrears of rent w.e.f. 1-9-1988 which has not been paid in spite of notice of demand which was duly served. It was alleged that predecessor-in-title of appellants upon asking for eviction denies the title of respondent and claimed himself as owner of suit accommodation. It was alleged that in that regard a suit was also filed by the appellants which was numbered as 32-A/1991 and was dismissed on 18-4-1996. It was also alleged that respondent requires the suit accommodation for the residence of its employees bona fidely. It was prayed that decree of eviction be passed under section 12(l)(a), (c) and (e) of the Act.