VIJAYKUMAR Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) Learned counsel for the appellant is heard on the question of admission.

(2.) This appeal under Sec. 100 of the CPC has been preferred by defendant No.1/appellant against the judgment and decree dtd. 27/8/2021 passed in Civil Appeal No.13/2020 by the 8th Additional District Judge, District Ujjain affirming the judgment and decree dtd. 29/2/2020 passed in Civil Suit No.16-A/2018 by the 8th Civil Judge, Class-I, District Ujjain whereby the claim of plaintiff/respondent No.1 for eviction of the defendants on ground enumerated under Sec. 12(1)(f) of M.P. Accommodation Control Act, 1961 (here-in-after referred as "the Act, 1961") had been decreed.

(3.) The plaintiff instituted an action against the defendants for their eviction from the suit premises which is a shop measuring 1.86 meter x 8.36 meter situated in house No.152, Gopal Mandir Marg, Bada Sarafa, Ujjain submitting that Gendalal, father of defendants had taken the suit shop on rent from him, that upon his death 10 years ago the defendants have continued in occupation of the suit shop, that plaintiff is carrying on business of a saree shop from the shop adjoining the suit shop and from part on the first floor, that the said shop is extremely small and insufficient for his business, that he and his family members are also residing on the first floor and have to go through their shop to the first floor, that due to insufficiency of space plaintiff and his workers are not able to sit properly in their shop and run business therefrom, that the suit shop is hence bona fide required by him for extending his shop and opening up a modern showroom therefrom and that he is not possessed of any other reasonably suitable alternate accommodation of his own in the town.