NATIONAL GARAGE Vs. RAJVARDHAN SINGHAI

JUDGEMENT

(1.) They are heard on I. A. No. 2892/2009, an application for grant of stay and LA. No. 13292/2009, an application for modification of order dated 18-3-2009 granting ad interim stay against the dispossession of the appellants from the suit premise subject to payment of monthly rent at a rate higher than the contractual rent.

(2.) The suit premises is non-residential commercial premises admeasuring approximately 30,000 sq. ft. and situated on the main road from Russel Chowk to Fourth Bridge at Jabalpur. The suit premises was let out to the appellants somewhere in December, 1964 vide lease deed dated 9-12-1964 (Exh. D-7). Another lease deed was executed on on 10-2-1967 (Exh. D-8). Exh. D-9 is the registered lease deed dated 1-12-1985. The appellants are paying rent by increasing 5% every year as per terms of the registered lease deed dated 1-12-1985. On 20th February, 2004 the respondents instituted a suit for eviction under Section 12(1)(f) and (m) of the M.P. Accommodation Control Act, 1961, and it was contended that the appellants are the tenants of the suit premises @ Rs. 24,000/- per month. It was further pleaded that the premises in the occupation of the appellants was needed for expansion of the business of respondent Nos. 1 to 3 and for that expansion of business, the respondents do not have any other suitable alternative non-residential accommodation of their own in the Corporation area of Jabalpur city.

(3.) The Trial Court after appreciating the oral and documentary evidence on record came to the conclusion that the premises in occupation of the appellants was needed by the respondent No. 1 and as such a decree of eviction has been passed against the appellants by impugned judgment and decree dated 12-1-2009 directing them to hand over the possession of the premises within two months from the date of passing of the decree.