SMT. KAILABAI Vs. RAMCHARAN LAL PARASAR

JUDGEMENT

(1.) HEARD on the question of admission and perused the record.

(2.) This Second Appeal under Section 100 of C.P.C., is preferred by the appellant/defendant against the judgment and decree dated 03/05/12 passed by VII Additional District Judge, Gwalior in Civil Appeal No. 19 -A/12 confirming the judgment and decree dated 12/01/12 passed by VII Additional Judge to the Court of I Civil Judge, Class -II, Gwalior in Civil Suit No. 5 -A/11 by which the suit of the respondent/plaintiff was decreed under Section 12(1)(a) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act, 1961).

(3.) THE respondent/plaintiff instituted the suit for the arrears of rent and the eviction on the grounds under Sections 12(1)(a) and (f) of the Act, 1961 against the appellant/defendant. The suit for eviction and the arrears of rent was decreed by the Trial Court. On appeal, the Fist Appellate Court affirmed the judgment and decree passed by the Trial Court. Both the Courts below after appreciating the oral as well as the documentary evidence brought on record came to the conclusion that the suit premises is required by the plaintiff for starting the business by his sons and he is having no other alternative suitable accommodation except the suit shop. It was also found that the defendant has not paid the rent also despite notice, therefore, granted the decree under Sections 12(1)(a) and (f) of the Act. The findings are based on proper appreciation of the evidence and material on the record, therefore, there is no perversity in any manner.