RAJENDAR KUMAR Vs. ZHABUA MOTORS TRANSPORT COMPANY

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by the defendant/appellant being aggrieved by the judgment and decree dtd. 2/3/2023 passed in RCA No.53-A/22 by the Second Additional District Judge, Jhabua whereby reversing the judgment and decree dtd. 26/9/2022 passed in Civil Suit No.38-A/2022 by the Civil Judge, Senior Division, Jhabua, District Jhabua the claim of plaintiff/respondent has been decreed on grounds enumerated under Sec. 12(1)(a)(f) of the M.P. Accommodation Control Act, 1961.

(2.) As per the plaintiff, it had let out the suit premises to defendant on 16/1/2007 by way of a written agreement for non-residential purpose at Rs.2,000.00 per month with stipulation of increase in rent at 5% per year. The defendant has always been irregular in the matter of payment of monthly rent and has always paid the same belatedly. Up to 5/2/2019 he was in arrears of rent of Rs.80,076.00 which he failed to tender despite issuance of notice dtd. 19/9/2019 to him in that regard. A subsequent notice dtd. 23/2/2021 by plaintiff to defendant also suffered the same fact. It was further submitted that the suit premises are bona fide required by plaintiff for the purpose of commencing transport business and that it has no other reasonably suitable alternate accommodation of its own in the town.

(3.) The defendant contested the claim by filing his written statement submitting that he has never been in any arrears of rent. He has paid the same along with reply notice dtd. 26/2/2021. The suit premises are not bona fide required by plaintiff for the purpose of commencing its business. After letting out the suit premises to defendant the plaintiff has let out premises to Bank of Baroda and for ATM to ICICI Bank. The plaintiff is involved in the business of silver finance. He has shops at Ranapur, Indore also and is having a huge business of transportation of trucks. It was hence submitted that the suit be dismissed.