GAURIBAI Vs. RANIDAN

JUDGEMENT

(1.) This appeal by the defendant is directed against a judgment of the IInd Addl. District Judge, Raipur dated 19the Jnly 1973, affirming the judgment and decree of the 1st Civil Judge, Class II, Dhamtari dated 31st January, 1972, decreeing the plaintiff's claim (or eviction under section 12 -(1) (b) and (f) of the M. P. Accommodation Control Act, 1961.

(2.) THE facts of the case, in brief, are as follows: The plaintiff is the Karta of a joint Hindu family engaged in wholesale cloth business under the name 'M/s Bhomraj Askaran, Dhamtari. The joint family owns a double -storied building at Motor Stand, Dhamtari, just in front of its business premises. The plaintiff's father Askaran who was the then Karta had in 1948 inducted the defendant into the demised premises, i.e., the double storied building, which was let for non residential purposes where he opened a shop, but since many years before the suit it had been closed down. In the year 1960 -61, the family effected a partial partition by making a division of the business and it was converted into a partnership business. This was evidently done for income tax purposes.

(3.) THE defendant contested the plaintiff's claim and denied all the allegations made. He pleaded that the plaintiff alone could not determine the lease. nor bring the suit. He denied that he was the tenant of the joint family styled M/s Bhomraj Askaran, while alleging that he was a tenant of the joint owners of the house. the owners being Smt. Dhapubai widow of Askaran and her two sons, Ranidan, and Phoolchand with whom he had been dealings for many years after the death of Askaran who was the owner of the suit premises. He further pleaded that the plaintiff and the other two heirs of Askaran did not form a joint Hindu family but were members of a divided Hindu family, and asserted that the plaintiff be put to strict proof of their jointness.