SUGAN CHAND Vs. INDRA BAI

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC has been filed against Judgment and Decree dtd. 16/4/1998 passed by IX Additional District Judge, Bhopal in R.C.A. No. 9A/1996 arising out of Judgment and Decree dtd. 19/1/1996 passed by 13th Civil Judge, Class2, Bhopal in C.S. No. 121A/1991.

(2.) The Appellant is the defendant who lost his case before the First Appellate Court.

(3.) The facts of the case are that the plaintiff/respondent filed a suit for eviction by pleading interalia that the plaintiffs are the owner of house situated in Lakherapura (peergate), Bhopal. One shop situated in the said property is let out to the Appellant on the monthly rent of Rs.175.00. It was claimed that the suit shop is bonafide required for non-residential purposes of his son Abhay Kumar Garg. The son of the plaintiffs would start the business of cloths and he has the experience of business of clothes. Since, the suit shop in question is small admeasuring 7x13 sq.ft. therefore, the adjoining shop which is in possession of Gyanchand Jain shall also be required. Therefore, the plaintiff would construct one shop after clubbing the shop of Gyanchand Jain also. A suit has also been filed by the plaintiffs against Gyanchand Jain for eviction. The tenancy of the Appellant was terminated by sending registered notice dtd. 11/2/1989 which was received by the Appellant on 13/2/1989. Thus, the suit was filed for eviction under Sec. 12(1)(f) of M.P. Accommodation Control Act. It was further pleaded that the Appellant is in arrears of rent and accordingly, the suit was filed for eviction, mesne profits and damages caused to property.