RAM CHANDRA DIXIT Vs. ARVIND KUMAR JAIN

JUDGEMENT

(1.) THE appeal has been preferred by defendants/tenants aggrieved by the judgment and decree dated 19-12-2006 passed by 1st Additional district Judge in Civil Appeal No. 31-A/2005 thereby affirming the judgment and decree dated 5-2-2005 passed by Vth Civil Judge, Class-H, Bhopal in Civil suit No. 27-A/2001.

(2.) PLAINTIFF/respondent filed the instant suit for eviction of defendants/tenants on the ground contemplated under sections 12 (1) (a), 12 (1) (b), 12 (1) (c) and 12 (1) (f) of M. P. Accommodation Control Act (hereinafter referred to as "the Act" ). Plaintiff wanted to start the business of manufacture cum sale of ready-made garments, he was not having suitable alternative accommodation for that purpose, notice dated 10-7-2000 was served terminating the tenancy demanding the vacant possession, however the suit accommodation was not vacated hence suit was preferred.

(3.) DEFENDANTS, contended that Ramchandra Dixit had obtained the accommodation in the name and style of Universal Motor Transport Corporation from the father of plaintiff, accommodation was not sub-let to anyone else, plaintiff was not the exclusive owner nor the accommodation had fallen to his share in the partition, rent was not accepted by the plaintiff in spite of the fact that it was tendered, plaintiff did not require the suit accommodation bona fide, he was having other alternative accommodation to carry on the business, if he so desired, area in question is used for the purpose of transport business, no obstruction was caused to the plaintiff hence suit be dismissed.