H.M. JOSHI Vs. SMT. UMA SAGARIA

JUDGEMENT

(1.) This is the defendant tenant's second appeal.

(2.) The plaintiff respondent filed a suit for ejectment on two grounds. First was non payment of arrears of rent after service of a notice of demand (Section 12(l)(a) of the M.P. Accommodation Control Act) and the second was bona fide requirement (Section 12(l)(e) of the M.P. Accommodation Control Act).

(3.) The claim was resisted by the appellant on the ground that he had tendered the rent by money order but the same was refused and, therefore, no ground under section 12(l)(a) was available to the plaintiff. On the second ground, it was pleaded that the plaintiff did not bona fide require the suit accommodation for residence and in any case, she has an alternative accommodation which she could occupy. This alternative accommodation, according to the appellant, was a portion of Bungalow No. 405 which was occupied by one Shri Lal.