RAJA RAM CHAWLA Vs. BHURIYA BAI

JUDGEMENT

(1.) THIS is a second appeal by the tenants against the judgment and decree dated 25.2.1991 passed by the 8th Additional Judge to the Court of the District Judge, Indore, in Civil Appeal No. 21-A/90, confirming the judgment and decree dated 11.4.1990 passed by the 4th Civil Judge, Class I, Indore, in Civil Suit No. 752A/85.

(2.) THE respondents No. 1 and 2 filed a suit for eviction against the appellants and the respondent No. 3 being legal representative of the original tenant Rupchand Chavla, on the grounds mentioned in Section 12(i)(f) of the M.P. Accommodation Control Act, 1961 (for short the Act). Plaintiff Bhuriyabai wife of Babulal filed the present suit for eviction on the ground that she required the suit accommodation for her own use and that she has no other suitable accommodation of her own available in the city. Babulal died on 28.11.1977. Plaintiff Bhuriyabai claimed to be the wife of Babulal by natra form of marriage after the death of her previous husband- Kalakisan.

(3.) THE trial Court found that the plaintiff was entitled to a decree for ejectment on the ground of bonafide need under Section 12(i)(f) of the Act. The trial Court also held that the plaintiff was entitled to maintain the suit as wife of Babulal, she being the co-owner of the accommodation in question.