RAJENDRA KUMAR MAHAWAR Vs. SHAKUNTALA MAKHANLAL KESARWANI

JUDGEMENT

(1.) THIS is an appeal, under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 12.1.1998, passed by 12th Additional District Judge, Jabalpur in Civil Appeal No. 67-A/96, arising out of the judgment and decree dated 13.2.1996, passed by 10th Civil Judge Class- II, Jabalpur in Civil Suit No. 461-A/94.

(2.) THE respondent filed Civil Suit No. 461-A/94 against the appellant, claiming that she was the owner and the landlady of the suit house. The suit house was let out at the rate of Rs. 300/- (Rupees Three Hundred) per month for residential purpose. It was stated in the plaint that originally the suit house belonged to Hirabai whose tenant was the appellant. She had made a Will before her death, whereby the suit house was given under the Will in favour of Pannalal Kesarwani, who was her brother. The appellant was given House No. 628/675 which was situate in Lane No. 9, Sadar Bazar, Jabalpur. It was claimed that after the death of Hirabai, the persons, succeeding to her property, made a partition between themselves and the appellant was allotted the suit House numbered as 216 situate in Lane No. 7, Sadar Bazar, Jabalpur. It was stated in the plaint that Pannalal executed an Ikrarnama in favour of the respondent, whereby he agreed to execute a registered exchange-deed in favour of the respondent. Accordingly, the respondent got her name mutated with the Cantonment Board and began to pay taxes of the suit property and received rent from the appellant. The respondent claimed that she required the suit house for the residence of members of her family and she had no alternative accommodation of her own in the city of Jabalpur. Accordingly, a suit under Section 12(1)(e) of the M.P. Accommodation Control Act, 1961, (henceforth 'the Act') was filed.

(3.) THE trial Court held that the respondent was the landlady of the appellant and she required the suit house bonafide for the residence of members of her family and she had no other alternative accommodation of her own in the city of Jabalpur. Accordingly, the suit was decreed.