SHYAMSUNDER CHACHDA Vs. RAVINDRA MALAV

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal is filed by the defendant against the judgment and decree dated 30.3.2007 passed by Special Judge (Atrocities) and First Additional District Judge, Gwalior in Civil Appeal No. 5-A/06, whereby learned Additional District Judge partly allowed the appeal by setting aside the judgment and decree of the trial Court dated 27.2.2006 passed in Civil Suit No. 122-A/02, under Sec. 12(1)(a) and (c) of the M.P. Accommodation Control Act, 1961 (for short "the Act") and affirmed the decree of ejectment on the ground of bonafide need passed under Sec. 12(1)(f) of the Act.

(3.) The respondent-plaintiff filed a suit for ejectment against the appellant under Sec. 12(1), (a), (c), (k), (m) and (o) of the Act in respect of shop situated at House No. 1134, Ward No. 42, Phalka Bazar, Lashkar, Gwalior on the ground that appellant is a tenant of the suit shop at the rate of Rs. 150.00 per month. The tenancy was oral. On 1.7.2002, notice was issued to the appellant which was replied on 24.7.2002. The suit house was given on rent to the appellant for dairy business. The appellant is also using the open land and Chabootra which is shown in colour green of the plaint map. The suit was filed on the ground that in the month of Aug., 2001 the respondent who is an advocate by profession started practising at Lahar and he wanted the suit shop and one shop which was given on rent to Chotte Khan for opening of his office and for that purpose, he has no other alternative suitable accommodation within the limits of Municipal Corporation, Gwalior. The respondent denied the need of the appellant- defendant and submitted that the appellant is residing at the first floor and he is also having his office at the first floor of the house and need of the appellant is not genuine and prayed for dismissal of the suit.