SHRIMANTH SETH DHARMENDRA KUMAR Vs. UMA DEVI

JUDGEMENT

(1.) PLAINTIFF, being aggrieved by the judgment and decree passed by First Appellate Court dismissing his suit for eviction has preferred this second appeal.

(2.) A suit for eviction was filed by plaintiff/appellant on the ground envisaged under Section 12 (1) (h) of the M. P. Accommodation Control Act, 1961 (in short the 'act' ). According to the plaint averments the suit accommodation which is a shop is in a dilapidated condition and there are reasonable chances that the accommodation may fall down. Therefore, the plaintiff required the suit accommodation to rebuilt it. The plaintiff further pleaded that he has prepared the plans and he is also having necessary funds for reconstruction.

(3.) THE original defendant was Shambhoo Nema who died during the pendency of this second appeal and his legal representatives are brought on record. The defendants resisted the suit by filing written statement. In the written statement, it was admitted by the defendant that the suit shop has become in dilapidated condition and roof may fall down. According to the defendant, necessary repairs can be carried out without getting the suit accommodation vacated.