RADHESHYAM Vs. DINESH KUMAR AND ORS.

JUDGEMENT

(1.) The appellant Radheshyam (since dead, now represented through legal heirs) has filed this second appeal against judgment and decree dated 14.8.2013 passed by 6th Additional District Judge, Indore in Civil Regular Appeal No.29/2012, whereby judgment and decree dated 16.7.2012 passed by 9th Civil Judge, Class-I, Indore in Civil Suit No.10A/2011 dismissing the suit u/s. 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter, for short, "the Act of 1961"?), has been reversed and decreed the suit u/s. 12(1) (f) of the Act of 1961.

(2.) Facts of the case necessary for disposal of this appeal are as under :

(3.) According to the plaintiff, despite receipt of notice, defendants did not pay the rent w.e.f. 31.3.2003, hence he filed the suit seeking a decree of eviction u/s. 12(1)(a) & (f) of the Act of 1961. By way of amendment, the plaintiff made a pleading in the plaint that his brother used to do the business for years together in the name of "Samta Fruits"? and now the name has been changed to "Gyanesh Fruits"? The plaintiff is not having any business either in the name "Samta Fruits"? or in the name of "Gyanesh Fruits"?. He is only running his business in the premises at 23, Krishna Bhawan, Siyaganj, Indore. The plaintiff has made a special pleading by way of amendment that after the death of his father, house No.390 (new No.491) came into the share of Smt. Jalnadevi W/o. Jambu Kumar by way of Will dated 12.4.2010 and House No.391 (new No.491), Jawahar Marg, Indore came into the share of Manjuladevi Jain, therefore, he is not having any alternative and suitable accommodation in Indore city for his business except the suit shop.