KAILASHIBAI Vs. FOOLCHAND

JUDGEMENT

(1.) THIS is a second appeal filed by the tenant -defendant against the judgment and decree dated 1.9.87 passed by the Additional Judge to the Court of the District Judge, Indore, in Civil Appeal No. 71 -A/87 affirming the judgment and decree dated 18.4.84 passed by the IInd Civil Judge Class II, Indore in Civil Suit No. 246 -A/81 whereby the respondent plaintiff's suit for eviction of the defendant -appellant has been decreed.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: - The respondent plaintiff filed the instant suit on 9.11.81 for eviction of the appellant -defendant from the residential accommodation in suit wherein the appellant has been living as a tenant paying monthly rent of Rs. 14/ -. The plaintiff alleged the grounds of nuisance as well as his bona fide requirement under sections 12(1)(c) and 12(1)(e) of the M.P. Accommodation Control Act (hereinafter referred to as 'the Act'). The appellant -defendant resisted the suit and denied the allegations regarding both the grounds and alleged that the plaintiff had demolished the residential rooms adjoining the tenanted accommodation in which the plaintiff was living and after demolishing the rooms he constructed a godown which he has let to one laxmi Soap Factory and that the plaintiff has contracted sale of the tenanted accommodation in suit with the said soap factory and as such, the plaintiff did not bona fide require the suit accommodation.

(3.) THIS appeal was admitted for hearing on the following substantial question of law: -