GHASIRAM GAREWAL Vs. SHARIFA BAI

JUDGEMENT

(1.) AFTER getting unsuccess in both the Courts below the appellant/ defendant preferred this appeal under Section 100 of C. P. C. being aggrieved by the judgment and decree dated 31-3-1997 passed by First Additional Judge hoshangabad in Regular Civil Appeal No. 7-A/96 affirming the judgment and decree dated 29-2-1996 passed by 1st Civil Judge Class-II, Hoshangabad in Civil original Suit No. 49-A/91, regarding eviction under Section 12 (1) (a) and 12 (A) (f) of Madhya Pradesh Accommodation Control Act 1961 (in short 'the Act' ).

(2.) THE facts giving rise to this appeal are that a suit for eviction on the available ground under Section 12 (1) (a), 12 (1) (c), 12 (1) (f) and 12 (1) (h) of the act was filed by the predecessor of respondents against the predecessor of appellant. According to plaint allegation the eviction was prayed for bonafide genuine non-residential need of the wife and daughter of the deceased plaintiff, now respondents No. 1, 4 and 5. It was further pleaded that the house being in dilapidated condition requires for major alteration which could not be carried out without vacating the premises.

(3.) IN the written statement of appellant the aforesaid grounds for eviction have been denied/in addition to it, it was pleaded that respondent had a sufficient alternate accommodation regarding their alleged need and the condition of the house as said by the respondents is also denied and prayed for dismissal of the suit.