PRAKASH CHAND Vs. SHEEL CHAND

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by the Court below whereby the suit filed by the plaintiff/ appellant seeking eviction of the respondent/tenant was dismissed. The suit was filed on the ground that the premises are required for bona fide need. The ground available under Sec. 12(1 )(f) of the M. P. Accommodation Control Act, 1961 hereinafter referred to as the Act was sought to be projected.

(2.) Facts in brief be noticed :

(3.) The plea taken by the defendant be also taken note of. According to him, the plaintiff was possessing a licence for practising law. It was pleaded that he had an alternate shop. The reason for seeking for eviction was said to be desire for enhancement of the rent. It was pleaded that the real motive for seeking of eviction is to seek enhancement of the rent and the appellant is not keen to do any business. It was also pleaded that an other property has also become available to the landlord and the appellant can carry on his business. The fact that a notice was sent to the tenant and in that notice as the proposed need was not mentioned thus should go against him.