MANOHARLAL GOPILAL PANDE Vs. ABDUL MAZID KHAN

JUDGEMENT

(1.) THIS is an appeal under section 100 of Code of Civil Procedure, 1908 against judgment and decree, dated 12-7-1988, passed by Shri A. Khakha, Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 24-A/86 arising out of judgment and decree, dated 27-7-1986 in Civil Suit No. 41-A/81 passed by Shri B. L. Jatwa, Civil Judge Class II, Rajnandgaon.

(2.) THE respondent/landlord filed a suit for eviction against the appellant on the ground that the suit house is required bona fide by him for the purpose of his residence as well as for doing medical practice. Initially it was pleaded in the plaint that the appellant was residing in the middle block of the suit house, shown in the plaint. The entire house consisted of three small blocks and the respondent pleaded that he required the entire three blocks for his residence as well as for running a dispensary. It was also pleaded that besides the three blocks shown in the Schedule-A to the plaint, the respondent had no alternative suitable accommodation within the limits of Rajnandgaon Municipality. It was also pleaded that at the time of filing the suit, the appellant was occupying the middle block and one more block was in occupation of another tenant whereas one of the blocks was vacant.

(3.) IT was further pleaded that the appellant was occupying the middle block, shown by red colour in the map, for residential purposes. The tenancy of that house began from 15th of every month and was liable to be terminated on 14th of next month. Since the appellant did not vacate the house despite the notice dated 18-2-1981, the suit was filed on 6-3-1981 after terminating the tenancy. The respondent also claimed the rent at the rate of Rs. 35 per month from 15-2-1981, charges for serving the legal notice on the appellant and other incidental charges. Thus a claim for Rs. 60/- was made apart from eviction.