KISHORE SINGH Vs. SATISH KUMAR SINGHVI

JUDGEMENT

(1.) The appellant/tenant being aggrieved by the judgment and decree dated 03.03.2017 passed in First Appeal No. 12A of 2016 by the First Additional District Judge, Mungawali, District Ashoknagar reversing the judgment and decree dated 02.02.2016 passed in Civil Suit No. 8A of 2013 by the First Civil Judge, Mungawali. By Lower Appellate Court the suit filed by the landlord/plaintiff for eviction on the ground mentioned in Section 12(1)(f) of the M.P. Accommodation Control Act (hereinafter referred as to "the Act") has been decreed.

(2.) Undisputedly, present appellant/tenant was a tenant in the suit accommodation for non-residential purpose in the disputed shop in a house situated in Kanchan Gali ward No. 14 of town Mungawali and landlord Satish Kumar had purchased the house containing suit-accommodation in the year 2007 and, thereafter, appellant was paying rent to the plaintiff.

(3.) A suit for eviction and recovery of rent was filed by the respondent/plaintiff in respect of the disputed shop on the grounds envisaged under Section 12 (1)(a) and Section 12 (1)(f) of the M.P. Accommodation Control Act, on pleadings that defendant had not paid rent from 01.08.2010 and, hence, total arrears amount of rent amount of Rs. 13,500/- was due towards the tenant. Plaintiff was desirous of opening jewelry shop for his major son Abhishek in the suit accommodation and for this purpose, plaintiff is having sufficient money and his son Abhishek is having experience of conducting shop. Hence, plaintiff is bona fidely required suit accommodation (shop) for starting business of his major son and he is not having any alternative suitable accommodation of his son in town concerned. Plaintiff orally intimated to the tenant that his tenancy is being terminated from 01.06.2012 and asked for delivering of vacant possession of suit accommodation, but defendant/tenant did not pay the arrears of rent and also not delivered the possession of the suit accommodation. The suit for above mentioned reliefs was filed before the trial Court.