NARAYAN Vs. INDIAN MILL STORES, RAIPUR

JUDGEMENT

(1.) THIS appeal by the defendant is directed against a judgment and decree of the District Judge Raipur, dated 16th April 1971, affirming the judgment and decree of the IVth Civil Judge, Class II, Raipur, dated 29th June 1970, decreeing the plaintiff's suit for eviction u/s 12 (i) (b) and (f) of the Madhya Pradesh Accommodation Control Act, 1961.

(2.) THE relevant fact, in brief is as follows. The parties stand in the relation of landlord and tenant. The plaintiff firm styled as M/s Indian Mill Stores, Raipur is doing business of oil Engines, Pumps, Electric motors, Machineries, Pipes, Spare parts etc. at Ganjpara -Raipur in a rented house. The plaintiff -firm purchased a building at Ganjpara -Raipur consisting of 4 identical block of one room each of which the demised premises is one, by a registered sale deed dated 20.3.1965. The defendant who is in occupation of one of the blocks is running a tailoring shop under the name "Chauhan Tailoring Shop" attorned to the plaintiff on 1.5.1965 vide kiraya chithi Ex. P -2.

(3.) THE Courts below have relied on the testimony of Narsi Bhai (P.W. 1) and found as a fact, that the plaintiff had established its bonafide need of the demised premises for continuing its business u/s 12 (1) (f) of the Act. The finding is based on appreciation of evidence and no other conclusion that the one reached by the Courts below is possible. The plaintiff firm has purchased the building for locating its business. The testimony of Narsi Bhai (P.W. 1) clearly shows that the plaintiff has filed separate suits against all the tenants and it is intended to pull down the intervening walls to convert the separate blocks into one accommodation as otherwise the business of the firm cannot be located in the building. The Courts below rightly relied on the testimony of Narsi Bhai (P.W. 1) and granted to the plaintiff a decree u/s 12 (1) (f) of the Act.