BHAGWAT SWAROOP SHARMA Vs. BHAGAT RAM

JUDGEMENT

(1.) The present appeal under section 100 of CPC has been preferred by the appellant/plaintiff against the judgment and decree dated 30/08/2008 passed by Third Additional District Judge, Gwalior in Civil Appeal No. 6-A/2008 reversing the judgment and decree dated 31/7/2007 passed by Third Civil Judge, Class-II, Gwalior in Civil Suit No. 79-A/2004.

(2.) Precisely stated facts of the case are that appellant/plaintiff instituted a civil suit for eviction of suit shop on the ground under Section 12 (1) (f) of the M.P. Accommodation Control Act. As per the plaintiff, he is owner of the house bearing Municipal No. 69/42 situate at Daulat Ganj, Lashkar, Gwalior. Respondent/defendant was a tenant in the said house on monthly rent of Rs. 1,000/-. The defendant was initially inducted as tenant in the suit shop by plaintiff's father Shri Shivram and after his death, the defendant became tenant of plaintiff and started giving rent to the plaintiff.

(3.) Plaintiff's only son Gopal Swaroop completed his M.Com. and was in search of some business opportunity and therefore, wanted to start business of retail electrical items. The plaintiff and his son are having no alternative non-residential accommodation in the municipal area of Gwalior. Therefore, he wanted the suit shop for this purpose. As per the pleadings, on 1/7/2003, the plaintiff stated the defendant to vacate the suit shop up till 30/9/2003, but since defendant did not give vacant possession of the suit shop, therefore, suit was filed.