KEVAL KRISHN MADH Vs. JYOTI SARATE

JUDGEMENT

(1.) THE appellant/defendant getting unsuccess in both the Courts below has preferred this appeal under Section 100 of C. P. C. being aggrieved by the judgment and decree dated 21-3-2005, passed by 1th Additional District judge, Chhindwara in Regular Civil Appeal No. 27-A/02 affirming the judgment and decree dated 2-9-2002 passed by 1st Additional Civil Judge Class-I, to the court of 1st Additional Civil Judge Class-I Chhindwara in Civil Original Suit No. 41-A/97 regarding eviction under M. P. Accommodation Control Act, 1961.

(2.) THE respondents being landlord of house No. 82/83 situated at shineshwari Bazar, Santoshi Mata Ward, Chhindwara has filed a suit for eviction on available grounds, under Section 12 (1) (c), 12 (1) (e) and 12 (1) (g)of M. P. Accommodation Control Act, 1961 (for short "the Act"), the disclaimer of the title and accommodation is in dilapidated condition requires major repairing which could not be carried out without vacating it and also for bonafide genuine requirement for residential need of respondents:

(3.) AS per averments of plaint, aforesaid house was the property of one gyana Bai, the mother in-law of respondent No. 1 and mother of respondent no. 2, the same was given to Mohanlal the husband of respondent No. 1 and respondent No. 2 by executing a Will vide Will dated 20-5-1993. On her demise aforesaid beneficiaries have become the owner and landlord of it. Subsequent to it, Mohanlal had died. On his demise being his legal representative respondent no. 1 has inherited his rights and become landlord also. The appellant being tenant was in possession of the ground floor of the house @ Rs. 500/- p. m. since the life time of Gyana Bai who has become the tenant of respondents in aforesaid circumstances.