LAWS(MPH)-2016-6-134

VINOD KUMAR GOYAL Vs. AVNEET KUMAR GUPTA

Decided On June 15, 2016
VINOD KUMAR GOYAL Appellant
V/S
Avneet Kumar Gupta Respondents

JUDGEMENT

(1.) Heard on the question of admission. The appellant/tenant being aggrieved by the judgment and decree dated 02.11.2015 passed in First Appeal No. 31/2015 by the IInd Additional District Judge, Shivpuri confirming the judgment and decree dated 28.04.2015 passed in Civil Suit No. 147 -A/2012 by the II Civil Judge, Class -II, Shivpuri, whereby the suit filed by the landlord/plaintiff for eviction on the ground mentioned in Sec. 12(1)(f) of the M.P. Accommodation Control Act, 1961 (herein after referred to as ''the act '') has been allowed.

(2.) A suit for eviction and recovery of rent was filed by the plaintiff/landlord in respect of a shop situated in ward No. 6, Dharamshala Road, in front of Nagrik Bank, Shivpuri, Tehsil and District Shivpuri Ad -measuring about 18 feet in length from north to south and breath about 10 feet from east to west. On the east is a shop known as furniture point owned by one Gaurav Goyal, to the west there is a shop known as Shyam Traders owned by Prem Kumar Goyal, in north Dharamshala Road is situated and in the south, residential house of the plaintiff/landlord is situated.

(3.) The plaintiff/landlord in the plaint had stated that he is in bona fide requirement of the shop in question because no business is being carried out by the defendant/appellant and has already closed the business of medical shop. The son is running a furniture shop on the east of the shop in question and there is an urgent need of the shop so that he would be in a position to remove the partition of the furniture shop and simultaneously start the business of electronic gadgets and for this purpose he does not have any other vacant shop or premises from where he can carry on the business.