JAMNADAS Vs. VISHNU BAHADUR SINGH

JUDGEMENT

(1.) THIS second appeal arises out of a suit fur ejectment on the ground contained in Section 4 (g) of the Madhya Bharat Accommodation Control Act, 23 of 1955. The trial Judge dismissed the suit and that has been confirmed by the Addl. District Judge (Shri P. V. Muzumdar).

(2.) APART from anything else, there is an insuperable difficulty in the way of the Appellant who, as conceded by the Learned Counsel, resides in a house of which he is the owner. That house is situated in the city of Lashkar and the house from which the Defendant is sought to be ejected is also situated in the same city. Clause (g) of Section 4 runs thus: in the case of residential accommodation that the landlord genuinely requires the accommodation for his own residence or that of any person of his family bona fide residing or to reside with him and there is no other accommodation of his own in the city or town concerned for such residence.

(3.) ON a plain reading of this section it is clear that if a landlord has another accommodation in the same city in which he is residing, he cannot claim ejectment of a tenant on the ground that he requires it for his own residence; likewise if the person of his family for whom he requires ejectment of his tenant is residing in the same city in a house belonging to the Plaintiff, then also the suit is not maintainable.