VIJAY KUMAR SEN Vs. GOVIND PRASAD

JUDGEMENT

(1.) THIS appeal has been filed by defendants assailing the judgment and decree passed by two Courts below decreeing the suit of plaintiff on the ground envisaged under Section 12 (l) (f) of the M. P. Accommodation Control act, 1961 (for brevity 'the Act' ).

(2.) IN brief the case of plaintiff is that appellants are his tenants and they are running a shop owned by the plaintiff and which has been shown as A,b,c, D in the plaint map under red lines. According to the plaintiff, the building consisting of the suit shop is near about 70 years is old and it needs reconstruction, therefore, the plaintiff got the plan sanctioned from the Municipal Corporation, Jabalpur.

(3.) IT has also been pleaded in para 8 of the plaint that plaintiff has to construct a shop of a dimension marked by letters G,h,e and F in the plaint map bigger than the one to be vacated by the defendants as per plan sanctioned by the Municipal corporation. Further it has been pleaded by plaintiff in para 9 of the plaint that the plaintiff is having only one adult son Shashin living with him and who has passed his M. Com about 7 years ago but but not getting any job or service despite his full efforts. The plaintiff is constructing the said shop marked with G,h,e,f for occupation of his son and to run a shop therein to earn his livelihood and for that purpose he has no other non-residential accommodation of his own except the suit shop in the city of Jabalpur. On these premised pleadings, it has been prayed by the plaintiff that the suit be decreed.