HARPAL SINDHI Vs. VICHARNATH GUPTA

JUDGEMENT

(1.) This second appeal is preferred by the original appellant/defendant Harpal Sindhi (now dead, thr. LRs.) challenging the judgment and decree dtd. 25/4/2008 passed by Third Additional District Judge (Fast Track Court), Katni in civil appeal No.26-A/2007 affirming the judgment and decree dtd. 12/4/2007 passed by Fourth Civil Judge Class-I, Katni, in civil suit No.266- A/2006, whereby plaintiff's suit for eviction of rented shop as well as arrears of rent has been decreed on the ground of bonafide requirement available under Sec. 12(1)(f) of the M.P. Accommodation Control Act, 1961 (in short 'the Act').

(2.) Facts in short are that the respondent/plaintiff had instituted a suit for eviction on the ground of his personal requirement of the disputed shop with the allegation that the defendant/appellant is his tenant in the shop on rent of Rs.300.00 and the shop is needed for starting retail oil business by him as well as by his wife. It is alleged that at present the plaintiff is doing readymade clothes business in one shop and for improvement in the business the suit shop is needed and there is no other suitable alternative vacant accommodation available in the township of Katni. On inter alia allegations the suit was filed.

(3.) The defendant appeared and filed written statement denying the plaint averments and contended that the plaintiff is not in need of the suit shop for himself and his wife as he is already in possession of other alternative accommodation to satisfy his need. On inter alia contentions the suit was prayed to be dismissed.