MAZHAR KHAN Vs. SHYAMKISHORE

JUDGEMENT

(1.) Being aggrieved by the judgment dated 7-2-2009 passed by 1st Addl. District Judge, Shajapur in Civil Appeal No. 36-A/2008, whereby the judgment dated 31-10-2008 passed by Ilnd Civil Judge Class I, Shajapur in Civil Suit No. 1-A/2008, whereby a decree of eviction was passed against the appellants under Section 12(1)(d) of M.P. Accommodation Control Act, 1961 (which shall be referred hereinafter as "the Act") was confirmed, the present appeal has been filed.

(2.) The appeal is admitted on the following substantial questions of law:

(3.) Short facts of the case are that deceased Nandkishore predecessor in title of respondents filed a suit for eviction against the appellants on 8-12-2001 alleging that the appellants are tenant of the respondents on a piece of land situated at Nai Sadak, Jawahar Marg, Shajapur. It was alleged that the accommodation, which is no occupation of appellants are having a length of 45 feet from East to West and 50 feet from North to South. It was alleged that rent was Rs. 20/- per month. It was alleged that suit accommodation was given to the appellants for carrying on the business of manufacturing and sale of furniture. It was alleged that appellants constructed a wooden shade and was doing the business of furniture in the name and style of M/s Malwa Furnitures. It was alleged that in the month of September, 1996 the structure, which was constructed by the appellants fell down. It was alleged that prior to 4-5 months of September, 1996 appellants closed the business and started same business in a shop of Habeeb Bohra at Nai Sadak. It was alleged that since then appellants are not using the suit accommodation for carrying on the business. Further case of the appellants was that since September, 1996 because of felling down of the structure the suit accommodation is lying vacant and the same is not being used for carrying on the business. It was alleged that appellants are not using the accommodation since September, 1996, for the purpose for which it was let out. Thus, the respondents are entitled for a decree of eviction against the appellants under Section 12(1)(d) of the Act. It was prayed that the decree of eviction be passed.