(1.) This appeal has been filed by the tenant/defendant being aggrieved by the judgment and decree dt.05.09.2018 passed by the learned court of 7th Additional District Judge, Gwalior in F.A.No.7A/2016, whereby the appellate court has allowed the appeal filed by the respondent setting aside the judgment and decree dt.31.01.2016 passed by the learned court of 9th Civil Judge, Class-2, Gwalior in Civil Suit No.64A/2013, whereby the suit filed by the plaintiff/landlord was dismissed. First appellate court has allowed the suit and passed a decree of eviction against the present appellant.
(2.) Learned counsel for the appellant submits that initially plaintiff/respondent had filed a suit for eviction on the grounds of arrears of rent being not paid after 31.5.2011 as were paid on 2.6.2011 despite notice issued by the plaintiff on 9.11.2011 constituting ground for eviction under Section 12 (1)(a) of the M.P.Accommodation Control Act, 1961 (hereinafter shall be referred to as the 'Act of 1961'). Similarly, a decree of eviction was sought on the ground of nuisance, i.e. under the provisions of Section 12 (1)(c) of the Act of 1961.
(3.) It was also pleaded that the plaintiff is not having any other suitable vacant accommodation for carrying out the business of general store and 'Manihari' and therefore he requires space of 500 ft. for which suit premises is required and thus canvasing ground of bona fide requirement as envisaged under Section 12(1)(f) of the Act of 1961, decree was sought.
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