VARALMAL Vs. MANOHAR CHAND CHOPDA

JUDGEMENT

(1.) THIS second appeal filed under Section 100 of Civil Procedure Code is directed against the judgment and decree dated 22-3-1990 in Civil Appeal No. 48-A/88, by IInd Additional District Judge, Raipur, decreeing the claim of the plaintiff/respondent for eviction and recovery of rent, mesne profits etc, by reversing the judgment and decree dated 4-4-1998 in Civil Suit No. 199-A/87 by IX Civil Judge, Class-II, Raipur (MP ).

(2.) UNDISPUTABLY, the plaintiff/respondent is the owner and landlord of House No. 15/104 situate at Jawahar Nagar Raipur. The defendant/appellant is the tenant of the plaintiff/respondent therein at the monthly rent of Rs. 65/ -.

(3.) THE plaintiff/respondent filed a suit under Section 12 (1) (h) of the M. P Accommodation Control Act, (hereinafter referred to as 'act' for short), alleging that the suit accommodation is old and dilapidated and the plaintiff/respondent wishes to demolish the same and reconstruct a new building thereon, which cannot be carried out without the accommodation being vacated by the defendant/appellant. The plaintiff/respondent further pleaded that he had got the plans and estimates prepared for the proposed reconstruction and he was possessed of necessary funds for the purpose. It was also pleaded that the proposed reconstruction will not radically alter the purpose for which the accommodation was let out.