HILL EDUCATION SOCIETY GWALIOR Vs. SHIV SHANKAR GOYAL

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS appeal is filed by the appellant -tenant, challenging the judgment and decree dated 17.5.2007 passed by the First Additional District Judge, Gwalior in Civil Appeal No. 3 -A/07, whereby the leaned Additional District Judge dismissed the appeal of the appellant and affirmed the judgment and decree of the trial Court by which plantiff's suit for ejectment under section 12 (1) (f) of the MP. Accommodation Control Act, 1961 (for short 'the Act') was decreed.

(3.) THE Courts below, after considering the oral and documentary evidence of the parlies, has held that notice (Ex.D 1) was issued on 16.1.1995, i.e., six years prior to the filing of the and said notice was issued because respondent -landlord is paying the properly tax of Rs. 7,500/ - per annum whereas the rent is only Rs. 85/ - per month and, therefore, it cannot be said that suit has been filed just to enhance the rent of the suit premises. In respect of bona fide need, the Courts below have held that respondent wanted to expand and diversify his business and, therefore, he wants to open retail and wholesale furniture shop at Gwalior and for that purpose, he has no other alternative suitable accommodation in the city.