AJAY KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE appellants/defendants preferred this appeal under Section 100 of CPC being aggrieved by the judgment and decree dated 26-2-2005 passed by 3rd Additional District Judge, Sagar in Civil Regular Appeal No. 6-A/03, affirming the judgment and decree under Section 12 (1) (f) of Madhya Pradesh Accommodation Control Act, 1961 (in short 'the Act') passed by 3rd Civil Judge Class-II, Bhopal in Civil Original Suit No. 46-A/98, vide dated 30-4-01.

(2.) RESPONDENT/plaintiff has filed a suit for eviction against the defendant/appellant on the ground available under Section 12 (1) (f) of the Act for non-residential bonafide genuine requirement of respondent No. 3, Mukesh Kumar regarding shop situated at Gujrati Bazar Katra Ward, Sagar as mentioned in the plaint.

(3.) WHILE in the written statement by admitting the tenancy, the aforesaid ground for eviction was denied by the appellant. It has also been contended that respondent have various alternative accommodation in their family in the same town. The disputed shop is very small, Le. , 13 x 5 ft. , in which the appellants are running the medical shop, the same is not suitable to the respondents for their alleged need as they want to start General Stores and spice shop. Hence, the alleged need is neither bonafide nor genuine in any manner and prayed for dismissal of the suit.