HARVILAS Vs. SHARMA MOTOR TRANSPORT CO

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 23/12/1999, passed by XIIth Additional District Judge, Indore, in Civil Suit NO.12-A/1989, whereby the suit filed by the appellant for eviction was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a suit for eviction against the respondents on 19/12/1988 under Section 12(l)(a)(c)(f)(k)(m)&(o) of the M.P. Accommodation Control Act, 1961 (which shall be referred hereinafter as 'Act'). It was alleged that respondent M/s. Sharma Motor Transport Co. is a Partnership Firm and is tenant of the appellant in the suit accommodation situated at 6, New Loha Mandi, Indore, @ Rs.1,691/- per month, which includes water charges of RS.10/-. It was alleged that respondent is in arrears of rent from 01/07/1998, which has not been paid inspite of demand. It was also alleged that appellant is in need of the suit accommodation for bonafide requirement of his sons for carrying on business of steel. It was alleged that previously appellant was having rental shop at Khatiwala, Indore, but the same has been got vacated by the landlord of that premises from the appellant. It was alleged that appellant is having no other alternative accommodation of his own for carrying on the business of steel. It was prayed that a decree of eviction be passes against the respondent.

(3.) During pendency of the suit appellant gave up the ground under Section 12(1)(c)(k)(m)&(o) of the Act and the suit was contested between the parties under Section 12(l)(a)&(f) of the Act. After framing of issues and recording of evidence learned Court below dismissed the suit on 29/09/1993, against which an appeal was filed by the appellant, which was numbered as F.A. No.233/93. During pendency of appeal, appellant filed certain documents along with an application I.A. No.2405/99. Vide judgment dated 12/05/1999, the appeal and the application was allowed and the documents were taken on record. Judgment and decree passed by learned Trial court was set aside and the case was remanded back to the learned Trial Court for re-deciding the suit. After recording of the additional evidence vide judgment and decree dated 23/12/1999, again the suit filed by the appellant was dismissed, against which present appeal has been filed.