PRAHLAD Vs. KALABATIBAI

JUDGEMENT

(1.) DEFENDANTS aggrieved by the judgment and decree passed by the Courts below by which suit filed by Kalabatibai wife of Babulal Arora was decreed for bona fide necessity to start hotel business of her major son Chhaganlal under Section 12 (1) (f) of the M. P. Accommodation Control Act, 1961, have filed present appeal.

(2.) THIS appeal was admitted on 10-5-2002 on following substantial question of law :--

(3.) TO appreciate the contention advanced on behalf of appellants, it is necessary to state facts in brief. Kalabatibai filed present suit on 20th April, 1992 for eviction on the ground of bona fide necessity for starting hotel business of her major son Chhaganlal and for recovery of arrears of rent. Appellants contested the suit inter alia, though have not taken specific ground in the Trial Court, that the suit was not maintainable. The Trial Court recorded finding while deciding issues 1 (a) and 1 (b) that the defendants are not in arrears of rent and have tendered the rent after receipt of notice. This suit was filed on 20th April, 92 while the notice was issued on 3rd March, 92, which was within two months. On this ground, the suit was not decreed under Section 12 (1) (a) of the Act.