JAGDISH BABU RAIJAADA Vs. SANVAL DAS GUPTA

JUDGEMENT

(1.) THIS second appeal has been preferred against decree for eviction granted in favour of plaintiff/respondent against defendant/appellant on grounds under Section 12 (1) (a), (e) and (i) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as '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, with allegations that he owns House No. 1078/8 situated in Municipal Ward No. 8, Hammal Mohalla, Shivpuri. Suit premises comprised in two rooms and one veranda on first floor is occupied by defendant/appellant as tenant at the rate of Rs.30/- per month for residential purpose. Defendant is in arrears of rent with effect from 1-4-1982, which has not been paid, despite refusal of registered demand notice on 20-2-2003. Suit premises is required bonafide by the plaintiff for residence of his son Dinesh and grandson Navin son of Shyam Sunder. He has no alternative vacant accommodation of his own to accommodate the aforesaid family members for fulfilling need. This apart, defendant has acquired a house near private bus stand in Shivpuri for his residence and has shifted there fore residence with his family members. Defendant/appellant submitted his written statement stating therein that the suit house belongs to the plaintiff as well as his brother Badri Prasad. Rent was paid up to 24-1-2003. It was denied that the defendant has acquired any other accommodation for his residence and has shifted there. Alleged residential need for Dinesh and grandson Navin was also denied. It was stated in specific that plaintiff has various other suitable vacant accommodations for alleged residential purpose.

(3.) AGGRIEVED by the aforesaid, defendant preferred the present second appeal, which has been admitted on the following substantial questions of law :- "(1) Whether both the Courts below have committed an error of