BHIKAM SINGH TOMAR Vs. BHAGWAN GUPTA

JUDGEMENT

(1.) THE appellant - defendant has filed this appeal against the judgment and decree dated 22/02/2010, passed by the Fifth Additional District Judge, Gwalior in Civil Appeal No.20 -A/2009 affirming the judgment and decree dated 24 -08 -2009 passed by the Second Civil Judge, Class -II, Gwalior in Civil Suit No.47A/2009.

(2.) THE plaintiffs - respondents filed a suit for eviction before the trial Court on the ground of Section 12(1)(a)(c)(g) and (f) of the M.P. Accommodation Control Act, 1961 [hereinafter referred to as "the Act, 1961"]. They pleaded that they purchased the suit accommodation on 08 -01 -2004 by registered sale deed and after purchase of the house, they had demanded rent from the defendant, but he did not pay the rent.

(3.) THE defendant denied allegations of the plaintiffs. He pleaded that the heirs of Abdul Rafique had agreed to sell the house in favour of the defendant and they had also received an amount of Rs.44,000/ - as advance. A suit for specific performance of contract is pending before the trial Court. Hence, the plaintiffs are not the owner of the suit house. The defendant further denied that there was any bone fide need to the plaintiffs.