LAWS(MPH)-2010-2-58

BABY BAI Vs. KAMLA BAI

Decided On February 01, 2010
BABY BAI Appellant
V/S
KAMLA BAI Respondents

JUDGEMENT

(1.) Shri S. K. Dwivedi, learned counsel for the appellants. Shri R. K. Tiwari, learned counsel for the respondent. Heard on the question of admission.

(2.) This appeal under section 100 of the Code of Civil Procedure, has been preferred by the tenants, who have lost in both the Courts below.

(3.) Admittedly, appellants are the tenants in respect of suit shop on a monthly rent of Rs. 18/-. The respondent-landlady filed a suit for eviction on the grounds enumerated under section 12(l)(a), (h), (f) and (m) of the M. P, Accommodation Control Act, 1961 (hereinafter referred to as the "Act" for sake of brevity). It was pleaded that despite notice being served demanding arrears of rent, tenants have not tendered the rent. Decree under section 12(l)(m) of the Ac! was sought on the ground that unauthorisedly, tenants have raised construction which has materially altered the accommodation without permission of the plaintiff. Decree under section 12(l)(f) of the Act was sought on the ground that plaintiff needs the accommodation bona fide for the purposes of business of her sons.