KANTILAL Vs. SURAJBAI

JUDGEMENT

(1.) Being aggrieved by the judgment dated 1.9.2001 passed by Additional District Judge, Indore in Civil Appeal No. 21/2001 whereby the judgment dated 14.2.2001 passed by Vllth Civil Judge Class I, Indore in Civil Suit No. 12-A/99, whereby the suit filed by the Respondents No. 1 to 8 was allowed and a decree of eviction was passed against Respondent No. 9 and Appellant, which was maintained, the present appeal has been filed.

(2.) The appeal was admitted for final hearing by this Court vide order dated 17.7.2003 on the following substantial questions of law:

(3.) Short facts of the case are that the predecessor-in-title of Respondents No. 1 to 7 Shankarlal Joshi filed a suit for eviction against the Appellant and Respondent No. 8 on 23.12.87 for eviction alleging that Respondent No. 8 is the tenant in the suit accommodation situated at 5, Kanoongo Bakhal, Indore @ Rs. 120/- per month. It was alleged that tenancy of Respondent No. 8 was for non-residential purposes. It was alleged that Respondent No. 8 has removed the possession and has inducted the Appellant as sub-tenant in the suit accommodation for carrying on the business in the name and style of M/s K.P. Bottles. It was alleged that Respondent No. 8 is carrying on his business at Vrindavan Colony, Indore in the name and style of M/s Paras Bottle Agency. It was further alleged that status of the Appellant in the suit accommodation is of sub-tenant. Further case of the predecessor-in-title of Respondents No. 1 to 7 was that the Respondent No. 8 is in arrears of rent w.e.f. 1.1.1985, which was not paid inspite of service of demand notice. On the basis of these pleadings it was prayed that the suit filed by the predecessor-in-title of Respondents No. 1 to 7 be allowed and decree of eviction be passed against the Respondent No. 8 and Appellant.