SHIVRARAYAN Vs. SHANTABAI & ANR.

JUDGEMENT

(1.) This appeal by the defendant No. 1 is directed against the judgment and decree dated 23.11.81 passed by Xth Additional Judge to the Court of District Judge, Indore, in Civil Appeal No. 704 of 1981, arising out of the Judgment and decree dated 23.4.81 passed by the Second Civil Judge Class II Indore in Civil Suit No. 574 of 1980.

(2.) The material facts giving rise to this appeal are as follows : The plaintiff-respondent No. 1 filed the present suit against the defendant appellant for eviction from the composite accommodation and for the recovery of arrears of rent and mesne profits. The ground for eviction which survives in this appeal was that the plaintiff required the non-residential part of the tenanted accommodation for starting her business and the residential part of the accommodation for her residence and for the residence of members of her family and that she has no other accommodation of her own available to her for both purposes is the city of Indore. According to the plaintiff, she purchased the house in which the tenanted accommodation is situate for her residence and for starting her business. The other grounds for eviction have been negatived by the courts below and it is not necessary to narrate them.

(3.) The defendant contested the suit. He denied that the plaintiff requires the tenanted accommodation for starting her business of for her residence. He also pleaded that title to the house did not vest in the plaintiff because the respondent No. 2 Shakuntalabai, one of the co-owners of the house did not join in the execution of the sale-deed in favour of the plaintiff. The trial court decreed the suit for eviction holding that the plaintiff required the r tenanted accommodation for starting her business and for her residence and for the residence of members of her family and she has no other accommodation of her own available to her for both the purposes in the city of Indore. The appeal preferred by the defendant No. 1 was also unsuccessful. Aggrieved by the judgment and decree passed by the appellate court the defendant No. 1 has preferred this appeal.