MURLIDHAR SONI Vs. SAMPATBAI

JUDGEMENT

(1.) This appeal u/s. 100 of the Civil Procedure Code (for short "the Code ") is filed against the judgment and decree dated 28.6.2014 passed by Sixth Additional District Judge, Indore in Civil Appeal No.23 / 2013 whereby the judgment and decree dated 28.6.2013 passed by Fourteenth Civil Judge, Class-2, Indore has been affirmed.

(2.) The brief facts of the case are that the respondents/plaintiffs filed a suit for eviction of appellant u/s. 12(1) (a) and 12(1) (f) of the M.P. Accommodation Control Act, 1961, ("the Act" for short). It was contended by the respondents/plaintiffs that the suit shop described in Para 1 of the impugned judgment let out for the non- residential purposes is required bonafidely to start the jewelry business of respondent- Rajendra. It was also pleaded that the rent of the suit shop was not paid by the appellant despite demand notice since 1.2.2010.

(3.) Appellant/defendant contested the suit on the ground that the respondent- Rajendra did not possess sufficient funds to start the jewelry business and he has no experience of jewelry business. The suit is filed with ulterior motive that after getting the suit shop vacated, the plaintiff shall construct a multi-storied building and then to sell it on higher price. Thus, the need is not bonafide. The suit is liable to be dismissed.