MATHURADEVI Vs. MADANLAL

JUDGEMENT

(1.) THIS Second Appeal has been filed under Section 100 of C.P.C. by the appellant/defendant against the judgment and decree dated 25.11.2003 passed in Civil Appeal No.1-A/2002 by learned Additional District Judge, Sabalgarh, district Morena, M.P. confirming the judgment dated 21.12.2001 and decree dated 10.1.2002 passed in Civil Suit No.58-A/98 for eviction on the ground of Section 12(1)(f) of M.P. Accommodation Control Act.

(2.) THE brief facts of the case are that respondent plaintiff/landlord filed a suit against the appellant defendant/tenant for eviction and recovery of arrears of rent on the ground that defendant is a tenant of plaintiff since 01.01.1996 at the rate of monthly rent of Rs.350/-. Defendant has not paid the rent since October, 1996. Even after sending notice for arrears of rent, he has demolished the shop in part, changed the nature of construction and divided the shop in two parts. When son of plaintiff opposed the construction work, he has been beaten by the defendant on 29.10.1998. The suit shop is needed by the plaintiff for business of his son Naval Kishore for whom plaintiff wants to construct oil mill, and flour mill and spices grinding machine after demolishing the suit shop for which there is no alternative accommodation of plaintiff's son in the city of Sabalgarh. Therefore, plaintiff filed a suit for eviction.

(3.) BEFORE discussing with the substantial questions of law, the application, I.A.12749/08 for amendment filed under Order 6 Rule 17 of C.P.C. is considered. The appellant has filed the application for amendment on the ground that some of shops belonging to plaintiff were vacant during pendency of appeal in which plaintiff Madanlal's grand son has started a shop and some shops have been given on rent which has not been pleaded by the plaintiff in his plaint.