LAWS(MPH)-1996-3-97

PRAHLAD DAS & ANR. Vs. MADHOLAL

Decided On March 21, 1996
Prahlad Das And Anr. Appellant
V/S
MADHOLAL Respondents

JUDGEMENT

(1.) THE appeal is directed against the judgment and decree dated 30.3.94 of the IIIrd Addl. District Judge, Indore passed in civil F. A. No. 2 -A/93 where by while dismissing the appeal against the judgment and decree dated 10.8.91 of the 8th Civil Judge Class II Indore passed in Civil Case No. 114/A/90 has been affirmed and the suit for eviction decreed.

(2.) BRIEF history of the case is that plaintiff -respondent filed a suit for eviction with respect to house no. 13/2, Murai Mohall a Street No. 8, Indore on the ground of bona fide requirement for his own resident with a further assertion that he has not other suitable accommodation in his possession for his residence.

(3.) PLAINTIFF sent a notice for eviction and for payment of rent but defendant denied the title of the plaintiff and failed to pay the rent. It was further asserted that defendant No. 1 Shankarlal has obtained possession of house No/. 2/5, Parsi Mohalla which is suitable for his residence and he actually is residing in that house, as sub -tenant.