MANJU GUPTA Vs. RATNAKAR PARASHAR

JUDGEMENT

(1.) Being aggrieved by the order dated 20.5.2016 passed by the Rent Controlling Authority, District Gwalior directing eviction of the shop, this revision has been preferred by the applicant.

(2.) The facts giving rise to file the present revision, briefly stated, are that respondent is a retired employee from the PHE Department and he owned the house bearing No.908, Ward No.59, Naya Bazar, Lashkar, Gwalior. In the ground floor of the said premises in one of the shop the applicant- tenant is doing the business in the name of M/s. Rajesh Traders the map is attached. It is urged that the tenancy was in writing, on monthly rent of Rs.300.00. The applicant-tenant herein paid rent only up to 30.9.2007, thereafter the rent has not been paid. It is specifically contended that in the disputed house three shops are situated; one is on rent with the applicant and other two shops are on rent with Shrinath Ji Traders and one Ashok. The applicant is not having any reasonable suitable alternative accommodation and he want to do the business of Seeds and Pesticides, therefore, the same is required bona fide to do his own business. In view of the aforesaid, it is contended that the decree of eviction may be passed.

(3.) The applicant- tenant has filed the reply to the application inter alia not disputing the fact that tenancy was written. It is said the premises cannot be evicted unlawfully. The tenant has paid rent in advance of Rs. 12,000.00 has not been adjusted. The landlord gave the notice in the year 2003 but after increase of rent no proceedings were drawn. However, it cannot be acceded that need of landlord is bona fide. It is also stated that in the premises three shops are situated, however, it cannot be said that the landlord is not having any other reasonable, suitable, alternative accommodation for his own business. The premises is also not suitable for doing the business of Seeds and Pesticides, and therefore, the eviction may not be directed.