SHRI RAM VERMA Vs. MUKESH KUMAR PANDEY

JUDGEMENT

(1.) This appeal has been preferred by tenant who has suffered the decree of eviction under section 12(l)(a) and 12(1)(e) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). This Court while admitting the appeal on 24-7-2008 had formulated the following substantial question of law : "Whether the plaintiff was entitled for a decree of eviction in absence of pleadings that the landlord was not having any other alternative suitable accommodation in the township of Jabalpur ?"

(2.) Facts giving rise to filing of the appeal are that admittedly the appellant is a tenant in respect of the suit accommodation. The defendant was in arrears of rent for the months of November-December, 2004 as well as January, 2005 and March, 2005. Despite notice of demand being served the defendant did not tender the arrears of rent. The plaintiff bona fide needed the suit accommodation for the purpose of residence of himself as well as family members as the present accommodation in his occupation is not suitable as the plaintiff is unable to climb the stairs and has been advised by the doctor not to climb stairs. Accordingly, decree under section 12(l)(a) and (e) was sought. The defendant filed the written statement in which inter alia, it was pleaded that the plaintiff is not the sole owner of the suit accommodation and he has brother and two sisters. It was also denied that the defendant is in arrears of rent. It was further denied that the plaintiff needs the accommodation bona fide as he is unable to climb the stares.

(3.) The trial Court on the basis of the pleadings of the parties, framed issues Nos. 2 and 3, namely, with regard to bona fide need and availability of alternative accommodation. The trial Court on meticulous appreciation of the evidence on record found that the plaintiff needs the suit accommodation bona fide and for that purpose he has no alternative suitable accommodation in the city. The trial Court also found that the defendant is in arrears of rent. Accordingly decree under section 12(1)(a) and section 12(1)(e) was granted. In appeal, the Lower Appellate Court vide judgment and decree dated 31-3-2008 has affirmed the decree passed by the trial Court.