SHEELA RANI Vs. MANISH KUMAR

JUDGEMENT

(1.) THE heirs of Babulal, tenant who were unsuccessful in both the Courts below have filed this second appeal. Both the Courts have gone against the tenant. The facts in brief are as under :

(2.) THAT, Manish Kumar, son of Late Shri Satish Chandra Sharma filed the suit under section 12 (1) (a) and 12 (1) (c) of the M P. Accommodation Control Act, 1961 (hereinafter referred to as the Act ). So far as the ground under sub-section (a) is concerned this is no longer available, as upto date arrears of rent have been paid. The only question which is required to be examined in the appeal is the need projected by Manish Kumar.

(3.) IN para 4 of the plaint it was clearly stated by him that the premises are required for his own residence and also for the residence of his mother Radha Bai and other member of the family. Manish Kumar did not appear in the witness box. However, his mother Radha Bai has entered the witness box as PW. 1. She projected the need as under :