KAILASH NARAYAN SHRIVASTAVA Vs. VIJAY KUMAR BHARGAVA

JUDGEMENT

(1.) The appellants/defendants/tenants have filed this appeal under section 100 of the CPC being aggrieved by the judgment dated 31.3.2010 passed by Xth ADJ (FTC), Gwalior in Civil Regular Appeal No.8-A/2010 whereby the judgment and decree dated 21.1.2000 passed by VIII Civil Judge Class-II, Gwalior in COS No.48-A/08 decreeing the suit of the respondent No.1 against the appellants for eviction from the disputed premises described in the plaint on the grounds available under section 12(1)(b)(c) and (f) of the M.P. Accommodation Control Act, 1961 ( in short 'the Act') has been modified and by setting aside such decree of the trial court till the extent of the ground of section 12 (1)(b) and (c) the same was maintained and affirmed on the ground of section 12 (1)(f) of the Act.

(2.) The facts giving rise to this appeal in short are that the respondent No.1 herein filed the impugned suit for eviction against the appellants with respect of the disputed non-residential premises situated at Murar, Gwalior on the ground available under section 12(1)(a),(b),(c) and (f) of the Act. The terms of tenancy and the rate of rent is also stated in the plaint. The pleadings with respect of prior notice of termination of tenancy to the appellants is also made in the plaint.

(3.) In the written statement of the appellants, by denying the material averments of the plaint with respect of the aforesaid grounds of eviction, arrears of rent, the sub tenancy, nuisance and bonafide genuine requirement for nonresidential purpose of respondent No.1 are denied. However, the terms and conditions of the tenancy are not disputed. In addition to it, with various averments, the suit of the plaintiff is said to be malafide and prayer for dismissal of the same was made.