SHYAMSUNDAR Vs. KAILASHCHANDRA

JUDGEMENT

(1.) This appeal is filed by the defendant/tenant against the judgment and decree dated 20.12.2014 passed by 3rd Civil Judge, Class-I, Khargone (West Nimar) and judgment and decree dated 19.12.2015 passed by 1st Additional District Judge, Khargone (West Nimar) by which civil suit as well as the first appeal both have been dismissed.

(2.) The defendant was inducted as a tenant in the first floor of the complex owned by the Respondent/ plaintiff. The defendant has started his business in the said shop in the name and style "Pooja Mens Wear". The said complex, owned by the plaintiff, is situated at Apolo Tower, M.G.Road, Khargone. Undisputedly the monthly rent of the said shop was Rs. 5,500-00. The plaintiff filed the suit for eviction on the ground of bona-fide need. In the year 2011, the plaintiff decided to shift his family to Khargone and requested the defendant to vacate the shop as the same is required for starting the business of his son. The defendant had agreed to vacate the shop by 31.12.2011 and agreement dated 21.03.2010 was executed between the plaintiff and the defendant. Meanwhile the plaintiff has started his business of sale of "Sari" in 5th floor of the said complex i.e. Apolo Tower, M.G.Road, Khargone. The appellant/tenant did not vacate the shop and again the plaintiff made a request and the second agreement was executed between them on 30.11.2012. Despite above assurance and agreements when he did not vacate the premises, then plaintiff filed the suit seeking decree of eviction and arrears of rent payable from 01.06.2013.

(3.) The defendant filed the written-statement denying the bona-fide need of the plaintiff. He submitted that the plaintiff is only interested in sale of the shop and he is having other two shops which are in possession of his two nephew (Sisters' son).