SUSHMA Vs. GULABCHANDRA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 11-2-2005 passed by District Judge, Ujjain in Civil Appeal No. 23-A/03 whereby the judgment dated 10-7-2003 passed by IV Civil Judge, Class-I, Ujjain in Civil Suit No. -75-A/02 whereby the suit filed by the appellant under section 12(l)(a) and (f) of the M. P. Accommodation Control Act (which shall be referred hereinafter as an "Act") was dismissed, was maintained, the present appeal has been filed.

(2.) The appeal was admitted by this Court for final hearing vide order dated 16-2-2006 on the following substantial questions of law :-

(3.) Short facts of the case are that the appellant filed a suit for eviction against the respondents on 5-12-1994 alleging that the appellant is owner of a house bearing Municipal House No. 27/02 situated at Ujjain. It was alleged that in the shop situated at ground floor respondents are tenant of the appellant @ Rs. 200/- per month and the tenancy of the respondents is month to month. It was alleged that respondents have paid the rent to the appellant up to 28-2-1994 and the respondents are in arrears of rent w.e.f. 1-3-1994, which has not been paid by the respondents in spite of notice of demand dated 21-6-1994. Further case of appellant was that the appellant is an educated woman and does not want to sit idle. It was alleged that appellant intends to start the business of readymade garments from the suit accommodation, which is adjoining to the residential portion of the appellant. It was alleged that appellant requires the suit accommodation bona fidely for which appellant is having no other alternative suitable accommodation. It was prayed that decree of eviction be passed against the respondents under section 12(l)(a) and (f) of the Act.