KANHAIYALAL Vs. JAGDISHCHANDRA TAMRAKAR

JUDGEMENT

(1.) THIS is defendant's appeal under Section 100 C.P.C. calling in question the concurrent decrees of eviction under the Madhya Pradesh Accommodation Control Act passed by the Trial Court and the First Appellate Court. This appeal was admitted on 23.2.2005 for considering the following substantial questions of law: -

(2.) AS the questions of law framed in this case are interlinked to each other, they can be decided together.

(3.) APPELLANT was a tenant in the suit premises which is situated in Venkat Road, Rewa bearing Municipal Corporation No.11/156. It is a three storey building and it is the case of the appellant that in various protions of the building tenants are occupying different portions of different specification and in the part rented to the appellant, he is carrying out a business in the name and style "Gujarat Bhojnalaya". On the ground of bonafide need for staying of his son and for establishing a hotel business and a shop in the name of his son, the plaintiff - landlord instituted the suit in question for eviction. The appellant herein denied the bonafide need indicated and came out with various pleas. However, both the Courts below rejected the same and decreed the suit and therefore, this appeal.