HABBU Vs. MOHAMMAD HASAN

JUDGEMENT

(1.) This appeal by the defendants Nos. 2 and 3 is directed against the judgment and decree dated 12-11-1981 passed by the 9th Additional District Judge, Indore, in Civil Appeal No. 4-A of 1980, arising out of the judgment and decree dated 22-11-1979 passed by the III Civil Judge Class II, Indore, in Civil Suit No. 45-A of 1976.

(2.) The material facts giving rise to this appeal are as follows: The plaintiff- respondent No. 1 filed the present suit for eviction of the defendant No. 1 Mohammad Hussain and the appellants from the non-residential accommodation situate at 408, Mahatma Gandhi Marg, Indore on the grounds that the accommodation was let to the respondent No. 2 who unlawfully sublet the accommodation to the appellants and that the respondent No. 2 failed to pay the arrears of rent within two months of the service of notice of demand upon him. The plaintiff also claimed eviction on the ground that he required the tenanted ac-comodation for carrying on business of himself and members of his family and he has no other accommodation of his own available to him for that purpose in the city of Indore.

(3.) The defendants in their separate written statements resisted the suit. The appellants denied that the accommodation was let by the plaintiff to the respondent No. 2 and that he unlawfully sublet the accommodation to them. According to them the appellant No. 1 was the tenant of the plaintiff. The defendant No. 1 admitted that he was the tenant of the plaintiff but denied that he unlawfully sublet the tenanted accommodation to the appellants. The defendants also denied that the suit accommodation was required by the plaintiff for starting of business by the plaintiff and members of his family.