RAMESHCHANDRA Vs. DECD MOHAMMD UMRAO THR LRS

JUDGEMENT

(1.) This second appeal by defendant/ tenant under Section 100 of the Code of Civil Procedure 1908, (for short "The Code") is directed against the judgment and decree dated 15/09/2010 passed by the Additional District Judge, Jaora, Dist. Ratlam in Civil appeal No.2-A/2010, whereby the judgment and decree dated 24/07/2009 passed by the Civil Judge Class-I, Jaora in Civil Suit No.17-A/2009 with regard to eviction under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter for short 'The Act') has been affirmed.

(2.) It is pertinent to state that original plaintiff Mohammad Umrao died during the pendency of the suit. He was substituted by his son Mohd. Shabbir Hussain, who also died during the pendency of the first appeal and was substituted by respondents No.1-8. It is further not disputed that the suit premises being two rooms and a shed comprising of house No.7, Rangrej Gali, Jaora, District Ratlam was initially let out by Mohd. Umrao to appellant Rameshchandra at a rent of Rs.60 per month. Later on, one room was further included in the tenancy and rent was enhanced to Rs.90/- per month, payable on 1st of every English calendar month.

(3.) The prayer for eviction was made by original plaintiff Mohd. Umrao on the ground contemplated under Section 12(1)(f) of 'The Act' that tenanted premises, which are in a old and dilapidated condition are bonafidely required by plaintiff and his son Shabbir Hussain for starting business of tent house for which they do not have any other reasonably suitable accommodation in their occupation in Jaora town. As the plaintiff's son Shabbir Hussain was detained in the jail in some case under the NDPS Act, therefore, by way of amendment it was also averred that he was released from jail on 22.06.2006 and, therefore, he is in a position to carry out the business of tent house in the tenanted premises.