JAIKISHAN DAS Vs. RAMBABU AGRAWAL

JUDGEMENT

(1.) APPELLANT/plaintiff has filed this appeal against the judgment and decree dated 25-03-2011 passed in civil suit No.26-A/1997 by learned 9th Additional District Judge (Fast Track), Gwalior whereby the suit filed by the plaintiff for eviction on the ground of bona fide need under Section 12(1)(f) of M.P. Accommodation Control Act, 1961 (for brevity the Act) has been decreed.

(2.) BRIEF facts of the case in narrow compass are are that the plaintiff/landlord has filed a suit for ejectment against the defendant/tenant on the ground of Section 12(1)(a) and 12(1)(f) of the Act, alleging that the the appellant let the suit premises to the defendant on 26-07-1979 by executing the rent note (Ex-P/1) and the agreed rent was Rs.450/- per month which was not paid by the defendant regularly and the rent was due from 01-04-1984. The plaintiff further alleged that he requires the suit accommodation for starting the business of footwear for his son and for this purpose he has no alternative accommodation of his own in Gwalior city. Plaintiff is running the cloth business in the shop of his wife, therefore, after service of notice, the plaintiff has filed the suit for eviction and recovery of arrears of rent.

(3.) THE moot question for consideration in this appeal is that whether the trial Court is justified in allowing the amendment application for incorporating the amendment in paragraph 5 of the plaint. Further learned trial Court is justified in passing the decree for eviction against the appellant/tenant on the ground of bona fide need for the business of son of plaintiff/landlord.