BUDDHIPRAKASH SHARMA Vs. SANJEEV JAIN ADVOCATE

JUDGEMENT

(1.) This appeal by the defendant is directed against the concurring judgment and decree dated 21-12-2013 passed in Civil Appeal No. 54A/2013 by X Additional District Judge, Gwalior, District Gwalior affirming the judgment and decree dated 19-8-2013 passed in Civil Suit No. 34A/2009 by V Civil Judge, Class-I, Gwalior under section 100 of Civil Procedure Code whereby suit of the plaintiff has been decreed as regards 'bona fide need of nonresidential accommodation' as envisaged under section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). The subject-matter of the suit is a shop situated at Bhonsle Ka Bada, in front of Mrignayan show room, Patankar Bazar, Lashkar, Gwalior (hereinafter referred to as 'the suit premises') which was part of the property in dispute. The suit premises was purchased by the plaintiffs/respondents.

(2.) As per the plaint allegations, the defendant/appellant was occupying the suit premises as tenant on rent at the rate of Rs. 2,000/- per month.

(3.) There was a dispute between one Umaji Rao Bhonsle, predecessor-in-title of plaintiffs' (plaintiff) and one Ramji Das (defendant) in respect of the suit premises. During pendency of the suit, both had died and their legal representatives were substituted in that suit, i.e., 35A/2001. The said suit was decreed and the legal heirs of Ramji Das were directed to hand over the suit premises to the decree-holder vide the judgment and decree dated 13-9-2004.