DAULAL Vs. INDIAN MILL STORES, RAIPUR

JUDGEMENT

(1.) THIS appeal filed by the defendant is directed against a judgment and decree of the First Addl. District Judge Raipur, dated 9th September, 1970, affirming the judgment and decree of the IVth Civil Judge Class II, Raipur, dated 17th September, 1968 decreeing the plaintiff's suit for his eviction under section 12 (1) of the Madhya Pradesh Accommodation Control Act, 1961.

(2.) THE relevant fact in brief, is as follows : -

(3.) THE defendant contested the plaintiff's claim while admitting that the plaintiff -firm had purchased the building in which the demised premises is located, The defendant pleaded that the alleged need of the plaintiff was just a pretence to secure his eviction, It was denied that plaintiff requires bona fide the suit accommodation for its business purposes or that it has no other reasonably suitable non -residential accommodation of its own for that purpose in Raipur city. The defendant alleges that the plaintiff -firm is already doing its business in its present site taken on lease since last so many years which is in the heart of the business locality and has earned reputation and goodwill and therefore the alleged requirement was not bona fide but was made only with a view to secure an increase of the rent. He further pleaded that the tenancy has not been validly determined according to law, denying that the tenancy commences from the first and ends on the last day of the month. On these pleadings the parties went to trial.