KRISHNA GOPAL KHANDELWAL Vs. POONAMCHAND PAHARIA

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC has been filed against the Judgment and Decree dtd. 26/2/2000 passed by 8th Additional District Judge, Jabalpur in C.A. No. 172A/1999, arising out of Judgment and Decree dtd. 18/7/1999 passed by 6th Civil Judge Class 1 Jabalpur in C.S. No. 110/1998.

(2.) The facts necessary for disposal of present appeal in short are that the respondent filed a suit for eviction on the ground that the plaintiff is the owner of House No. 429 and 430 situated in Kotwali Ward, Jabalpur which he had got in family partition on 21/12/1984. The Appellant is a tenant on monthly rent of Rs.35.00. The Appellant is irregular in payment of rent. The son of the plaintiff Dr. Rakesh Pahadiya got married on 30/1/1990 and doesnot have any alternative and suitable accommodation in city of Jabalpur. Accordingly, the suit for eviction was filed on the ground of bonafide requirement for residential purposes.

(3.) The Appellant filed his written statement and denied the ownership of the plaintiff. He claimed that father of the defendant/appellant, namely Ambika Prasad Khandelwal was the tenant of father of the plaintiff namely Mohanlal. After the death of Ambika Prasad Khandelwal, his sons namely Vishnu Gopal, Madan Gopal, Govind Das and the defendant became the tenant. Similarly after the death of owner namely Shri Mohanlal all his children i.e., five sons and daughters became the owner. The defendant is a tenant of 2 rooms, one hall and 2 roofs and monthly rent is Rs.38.00. There are total 6 members in the family of the plaintiff and at present are residing in three storey building. The ground floors have been let out to Ankit Traders and Sapna Garments who are carrying on business. All the necessary parties have not been impleaded and accordingly, it was prayed that the suit be dismissed.