TEJ KUMAR Vs. SHANTI CHAND JAIN

JUDGEMENT

(1.) This appeal has been preferred by the Defendants against decree for eviction granted by the Courts below, in concurrent manner on grounds under Sections 12(1)(b) and (f) of the M.P. Accommodation Control Act, 1961 (for short "the Act").

(2.) Short facts, relevant for the purpose of this appeal, are that the Plaintiff/Respondent instituted a suit for eviction and recovery of arrears of rent mainly with the allegations that late Rambabu (father of Defendant No. 1 and husband of Defendant No. 2) had obtained the suit shop from the father of the Plaintiff @ Rs. 200 p.m. on rent, vide rent-note dated 10/6/1974. Rent was increased from time to time and was @ Rs. 640/-, at the time of institution of the suit. After the death of Rambabu, Defendants shifted to Surat (Gujrat) and handed over the suit shop to a third person without the consent of the Plaintiff. Plaintiff's son Nirmal Kumar was earlier engaged in J.C. Mills, Gwalior but on account of its closure, he became unemployed. Plaintiff's younger son, namely, Kamal Kumar Jain was running his business of grocery in a rented shop in Danaoli, Gwalior. Suit shop is bona fide required by the Plaintiff for the business of his aforesaid two sons pertaining to clothes. There is no other alternative suitable vacant non-residential accommodation in the city of Gwalior.

(3.) Defendants/Appellants by submitting joint written statement denied the claim of the Plaintiff. It has been denied that the Defendants have shifted to Surat after parting with possession in favour of third person. Business which is being run in the suit shop still belongs to the Defendants. Apart from this, it is stated that the Plaintiff earlier instituted Civil Suit No. 63-A/80 (Now C.S. No. 69-A/88) for the alleged need of Nirmal Kumar and Kamal Kumar which was got dismissed after enhancing the rent. It was denied that Nirmal Kumar was unemployed. Nirmal Kumar was engaged in the joint family business of the Plaintiff in the name and style of 'Patodi Creations' Thus, the civil suit was instituted with an alternative motive of enhancement of rent.