LT. COL. BHASKAR ANANTRAO Vs. RAMDHAN BABULAL

JUDGEMENT

(1.) THIS second appeal arises out of a suit for ejectment and mesne profits. The house is situated in the City of Indore to which the provisions of the Madhya Bharat Sthan Niyantran Vidhan applied at the material time. The Plaintiff claimed ejectment on two of the grounds under Section 4 of the Madhya Bharat Sthan Niyantran Vidhan, under which existence of one or the other of the grounds was necessary in order to enable the Plaintiff to succeed in his case for ejectment. The two grounds set up by the Plaintiff were (1) that the house was in a dangerous condition and needed repairs, and (2) that the Defendant had contrary to the terms of the tenancy set up a work -shop without obtaining the permission of the Plaintiff and that the electric dynamo is used in working therein and further that the Defendant had increased the number of points and plugs over and above those which were permitted by the Plaintiff to the Defendant. In para 6 of the plaint the Plaintiff called the facts mentioned in the second ground to be an injury. The Defendant in the written statement denied both the grounds. The trial Court after recording evidence found in favour of the Plaintiff on both these grounds and passed a decree for ejectment and mesne profits.

(2.) AN appeal was preferred against that decision by the Defendant. The only question that seems to have been argued in the lower appellate Court was whether ejectment could properly have been given on the ground that the house was in a dangerous condition and needed immediate repairs. It was argued before the learned Judge that the repairs could be made in the house without requiring the Defendant to vacate the premises. The lower appellate Court considered this question and held that the view taken by the trial Court on this question to be proper. He agreed with the view of the trial Court that ejectment was necessary to enable the Plaintiff to repair the portion of the house in question.

(3.) THE lower appellate Court however confirmed the decree for ejectment and mesne profits as granted by the trial Court subject to two conditions. One was that one month's time was allowed by him in order to enable the Defendant to secure alternative accommodation and second was that after the house had been repaired the Defendant will have a right to secure back the premises on lease in accordance with Section 15 of the Madhya Bharat Sthan Niyantran Vidhan. The Court finally passed an order that having regard to the circumstances of the case the parties should bear their costs.