MALTI OSLE Vs. O.N.THASSU

JUDGEMENT

(1.) The present appeal filed under Sec. 96 of the Civil Procedure Code calling in question the judgment and decree dtd. 27/2/2019 passed by learned 2nd Additional District Judge to the 1st Additional District Judge, Bhopal in RCS No.485- A/2011 (O. N. Thassu (Dead) through LRS & Ors. v. Smt. Malti Osle), wherein the suit filed by one O.N. Thassu for eviction of appellant from the suit property suit property situated at E3/4C, Arera Colony Bhopal along with ground floor and rooms, which have been described in the plaint and also marked in the map.

(2.) The case of the original plaintiff O.N. Thassu was that the appellant/defendant be evicted from the suit premises and balance amount of rent amounting to Rs.86,124.00 as well as rent from 19/09/2011 till eviction of the defendant/appellant at the rate of Rs.3,953.00 per month be granted with rate of interest @ 18%.

(3.) The undisputed facts of the case are that the suit house is owned by one Smt. Uma Devi Thassu, who was wife of Shyamlal Thassu, who died and thereafter, her legal representatives became owner of the suit property and O.N. Thassu original plaintiff was one of legal representative of Smt. Umadevi Thassu. The case of the plaintiff is that the suit premises is being rented out to the husband of appellant late Shri R.P. Osle and at the time of filing of the suit, rent of the suit premises was Rs.3,953.00 per month and as per the terms and conditions of the rent deed, the rent was to be enhanced in every two years @ 10%. The defendant/appellant has not paid the rent amount since November, 2009, therefore, total amount of Rs.86,124.00 is to be recovered. It is further pleaded that the suit premises is required bona-fidely for the brothers namely Satish Kumar Thassu, who is resided at Delhi and wants to shift at Bhopal. Similarly, another brother D.K. Thassu, , who is retired and staying at Ambah, District Morena, also wants to live at Bhopal.