BHUPENDRA SINGH Vs. SHYAM BABU AGARWAL

JUDGEMENT

(1.) The appellant/defendant/tenant has filed this appeal under Section 100 of CPC against the judgment and decree dated 31.1.2012 passed by VIIth Additional District Judge Gwalior, in Civil Regular Appeal No.46-A/2011, whereby, the judgment and decree dated 17.8.2011 passed by VIIth Civil Judge to the Court of Ist Civil Judge Class-II passed in Civil Original Suit No.10-A/09, has been affirmed till the extent of decree of eviction passed against the appellant under Section 12 (1) (f) of the M.P. Accommodation Control Act 1961 (In short 'the Act'), while such decree passed on the ground of Section 12 (1) (b) of the Act, has been set aside. In addition to it, the appellate Court by allowing the cross objection of the respondent filed under Order 41 Rule 22 of CPC in part decreed the suit of the respondent on the ground enumerated under Section 12 (1) (a) of the Act also and till such extent the judgment of the trial Court was modified.

(2.) The facts giving rise to this appeal in short are that, the respondent herein filed the suit for eviction against the appellant with respect of some shop situated at Gwalior described in the plaint on the ground of arrears of rent, parting the possession of the premises on sub-tenancy, nuisance and bonafide, genuine requirement of the respondent himself for non-residential purpose i.e. under Section 12 (1) (a), (b), (c) and (f) of the Act.

(3.) As per other averments of the plaint, such tenancy was at the rate of Rs.500/- per month and in this regard, some documents was written between the parties on 17.4.1986. According to which, the tenancy being monthly was begun from the 1st day of Gregorian calender month. Before filing the suit, the notice for termination of the tenancy with demand of arrears of rent was also given to the appellant on behalf of the respondent.