MUKESH BHAGRAVA Vs. SANJEEV BISARIA

JUDGEMENT

(1.) This civil revision has been filed by the petitioner / nonapplicant against the order dated 20.10.2016 passed in M.J.C.No. 650/13 by the Fourth Additional District Judge, Bhopal whereby in a miscellenious proceedings, application filed by the respondent/ applicant under Order 9, Rule 13 of C.P.C. for setting aside the ex-parte order has been allowed.

(2.) Learned Sr. Counsel for the petitioner has submitted that the petitioner's sister is the owner of shop No. 303, Lucky Plaza, T.T. Nagar, Bhopal and is residing abroad. She has also executed a General Power of Attorney on 15.01.2007 in favour of the petitioner allowing him to let out the shop, recover rent, sale or mortgage the property and to do all other acts as prescribed under the aforesaid document. On the basis of the aforesaid document, the petitioner sought eviction of respondent from the disputed shop by filing a civil suit.

(3.) It is further submitted that the respondent has failed to honour the rent agreement between the parties and has not paid any rent since March, 2009. A demand notice was also sent to the respondent in this regard but to the utter negligence on the part of the respondent, no amount was paid nor the possession was handed over to the petitioner, hence, a civil suit was filed on 22.11.2010 on the ground of non-payment of rent as also on the ground of bonafide requirement of the aforesaid shop to open his clinic having no alternative space in the city.