SHANTI DEVI Vs. KAMLABAI

JUDGEMENT

(1.) Plaintiff-appellant filed a suit for ejectment of the respondent from House No. 526 Kabirdas, Ward Chhindwara on the allegations that suit premises was let out to Munalal about 20 years back, and after his death the respondents have become tenants of the premises on the monthly rent of Rs. 20/-. It is alleged that the suit accommodation is used for residential and nonresidential purposes. The respondents have also opened a shop manufacturing Ice Candi. That the accommodation is required for residence and for opening a shop of her son Sanjay Kumar, who is residing in a tenated house and carrying 'on his business from a shop taken on lease. The landlady does not have any other suitable accommodation in the city of Chhindwara for the purpose, the ejectment is sought for.

(2.) The respondent denied the need as alleged in the plaint. It is alleged that the suit accommodation is used for residential purposes of the respondents only and not for non-residential purpose. The House No. 526 has also Northern and Southern block on the ground floor and a block on the first floor having 10 room accommodation; it is further alleged that need of the landlady is not genuine and bona fide. Time and again the plaintiff was trying to displace and eject the defendants from suit premises and made repeated attempts, more than 6 times, on various grounds since the year 1967-68, and having filed, the present proceeding is one more attempt in that direction. Occupation of plaintiff's son in residential and non-residential occupation as tenant is denied.

(3.) Trial Court recorded the findings that suit accommodation was given on rent for composite purpose of residence and non-residence, that although the need of the plaintiff for residential purpose is not proved, but bona fide need for business purpose is proved and the plaintiff does not have reasonably suitable accommodation for the purpose in city of Chhindwara. On the above findings a decree for rejectment was granted under S. 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter called the Act).