JAMNADEVI Vs. SUSHILABAI

JUDGEMENT

(1.) Being aggrieved by the judgment dated 27-11-2003 passed by XX Additional District Judge (Fast Track), Indore in Civil First Appeal No. 19/03 whereby the judgment and decree dated 11-10-2001 passed by VIII Civil Judge, Class II, Indore in Civil Suit No. 57-A/2000 whereby the suit filed by the appellant under section 12(l)(b) and (i) of the M. P. Accommodation Control Act (which shall referred hereinafter as an "Act") was decreed, was set aside, the present appeal has been filed.

(2.) The appeal was admitted by this Court for final hearing vide order dated 23-3-2004 on the following substantial questions of law :-

(3.) Short facts of the case are that on 30-9-1983 an application for eviction was filed by the appellant under section 23 of the Act before Rent Controlling Authority alleging that the appellants are owner of the house situated at 36/1, Shankarganj, Indore in which respondent is in occupation of two rooms on ground floor as tenant @ Rs. 50/- per month. In the petition it was alleged that respondent is in arrears of rent and also the appellant requires the suit accommodation bona fidely, for which no alternative accommodation is available to the appellants. It was prayed that decree of eviction be passed against the respondent. The petition filed by the appellant was transferred to the Civil Court because of change in law. Appellant also carried out amendment in the suit and also prayed eviction under section 12(l)(b)(c)(e) and (i) of the Act. So far as section 12(l)(i) is concerned it was alleged that in the plaint by way of amendment that respondent has constructed pakka house, which is at a distance of 100 yard from the suit accommodation, which contains four pakka rooms wherein respondent is residing. It was alleged that respondent is not residing in the suit accommodation. It was also alleged that respondent has inducted her son in the suit accommodation as sub-tenant.