LAWS(MPH)-2009-7-66

BHANWARLAL Vs. SUSHILA BAI

Decided On July 23, 2009
BHANWARLAL Appellant
V/S
SUSHILA BAI Respondents

JUDGEMENT

(1.) THIS second appeal has been filed by the tenant/defendants, who has lost from both the Courts below.

(2.) THE plaintiff Chandra Shekhar filed a suit for eviction against his tenant bhanwarlal. During the pendency of the Civil Suit, defendant-Bhanwarlal died and his legal representatives Smt. Sushila Bai and Shekhar Kanswa (present appellants) have been brought on record.

(3.) THE plaintiff respondent filed a suit for eviction on the relationship of the landlord and tenant by highlighting the grounds envisaged under Section 12 (1) (b), (c) and (i) of the M. P. Accommodation Control Act, 1961 (for brevity the "act" ). According to the plaintiff, the defendant has inducted a sub-tenant in the suit accommodation and has converted the residential portion for non-residential purposes. Further, it has been pleaded that the defendant has acquired an accommodation suitable for his residence and he is residing in it. On these three grounds, it has been prayed by the plaintiff that the suit be decreed.