SHIVMALA TEJSINGH INGLE Vs. RAMCHARAN KUNDANLAL

JUDGEMENT

(1.) This is a second appeal against the judgment and decree dated 11-11-1978, passed by the Third Additional District Judge, Gwalior, in Civil First Appeal No. 23-A of 1978, confirming the judgment and decree dated 1-12-1977 passed by the Fourth Civil Judge, Class II, Gwalior in Suit No. 92A/74.

(2.) The plaintiff has filed a suit with the allegations that she is the owner of House No. 828/40, situated at Kampoo Bus Stand, Lashkar. The defendant is a tenant at Rs. 15 per month and he has executed a rent-note on 5-4-1948 for Rs. 8 which was subsequently increased to Rs. 15. The map of the rented premises is filed with the plaint. The tenancy starts from the fifth of every month according to Gregorian calendar. Formerly, a suit for arrears of rent was filed against the defendant and it was decreed in compromise. The rent is due from 1-5-1973 towards the defendant and he has not paid that rent in spite of the notice of demand served on him. The suit shop is required for her for carrying on the business of Scientific Stores and General Merchants and for that purpose, she has no other alternative nonresidential accommodation of her own in her possession in the City limits. For carrying on the above said business, she has got sufficient funds with her.

(3.) The next ground for eviction was that the rented premises were given to the defendant for opening a shop. Instead, he has started living in the rented premises without the permission of the landlady and in this manner, he has changed the purpose of letting.