NAND KISHORE CHAURASIYA Vs. NIRMAL KUMAR JAIN

JUDGEMENT

(1.) THIS is tenant's appeal. A suit was filed under the Madhya Pradesh Accommodation Act, 1961 (here-in-after referred to as the Act). The suit was based on the grounds available under section 12(1)(a)(d) and (e) of the Act. It was pleaded that the present appellant was in arrears. It was pleaded that the building in question is required by the landlord for the use and occupation of his son for residential purposes. The trial Court negatived all the pleas raised by the landlord. On an appeal having been preferred by the landlord, the appellate Court found merit in the plea raised by the landlord with regard to the plea of bona fide requirement. On other pleas, the findings recorded by the trial Court were affirmed. It is against this finding recorded under section 12(1)(e), the present appeal has been preferred by the defendant.

(2.) THE plea taken by the landlord be noticed:

(3.) THE factual position was taken note of by the first appellate Court. Taking note of the family members and also the fact that two of the landlord's sons are married, a finding was recorded that the accommodation with the landlord is not sufficient, it passed an order of eviction.