JERNAIL SINGH Vs. KANHAIYALAL

JUDGEMENT

(1.) By this civil second appeal, the appellant-tenant challenges the judgment and decree passed by the Additional District Judge, Sheopur Kalan, camp Morena, in Civil Appeal No.3A of 1982 dated 14-7-1982.

(2.) Respondent-landlord filed a suit against the appellant-tenant, for his eviction from the non-residential suit premises situate on Malgodam Road, Morena, on the grounds mentioned in section 12(1)(a) and (f) of the M. P. Accommodation Control Act, 1961 (for short, hereinafter referred to as 'the Act') and also prayed for a decree of Rs.282.50. In brief, the case of the respondent-landlord was that the appellant-defendant is his tenant of the suit shop, but he now bona fide requires the said non-residential accommodation for his major son Laxminarayan, to start his business and he has no other reasonably suitable non-residential accommodation of his own in his occupation in the town of Morena.

(3.) Appellant-defendant repelled the contents of the plaint and averred that the alleged need of the landlord is not bona fide. He further pleaded that just by the side of the suit shop, the landlord has a vacant non-residential accommodation in which his son can start the business without evicting him from the suit shop.