MAHANAND SHIVDEEN Vs. V.R. AYYAR

JUDGEMENT

(1.) THIS second appeal involves a question regarding construction of Section 4 (g) and (h) of the Madhya Bharat Accommodation Control Act, 1955. The question arose under the following circumstances:

(2.) PLAINTIFF , who is a retired medical practitioner, filed a suit for ejectment, arrears of rent and mesne -profits. Claim for ejectment was based on the grounds that the premises in the occupation of the Defendant were needed by him for opening a dispensary and that there is no other place in the city for that purpose and that the Defendant had enclosed the verandah and thereby occupied a portion in excess of what was rented out to him and had caused obstruction to the ventilation of the house. Besides these grounds which were said to be necessary by reason of Section 4 of the Madhya Bharat Accommodation Control Act the Plaintiff averred termination of Defendant's tenancy by notice to quit.

(3.) THE trial Court found the second ground for ejectment not established. As regards the first ground he held that the premises in Defendant's possession were residential and as such the Plaintiff has no right under the Act to secure Defendant's ejectment in order to enable him to open a dispensary there which is a non -residential purpose.