MOHAMMAD SHARIF ABDUL SATTAR Vs. KESHARSINGH HIRASINGH THAKUR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 14-8-1998 in Civil Appeal No. 26-A/98 by Additional District Judge, Waraseoni, whereby the judgment and decree dated 18-1-1995 in Civil Suit No. 114-A/1991 by II Civil Judge, Class-II, Waraseoni, decreeing the suit of the respondent/plaintiff for eviction of the appellants/defendants, was affirmed.

(2.) THE respondent/plaintiff filed a civil suit for eviction of appellants/defendants on various grounds under Section 12 (1) of the M. P. Accommodation Control Act (hereinafter referred to as the 'act' for short ). It was alleged that the appellants/defendants are the tenants of the respondent/plaintiff in the suit-premises, situate at Ward No. 6, Katangi, Tahsil Waraseoni and were in arrears of rent. The suit accommodation was required for starting the cycle shop and residence of the respondent/plaintiff, and that he had no other suitable accommodation for the purpose. It was also averred that the suit-house had become dilapidated and was required by the plaintiff/respondent for repairs of the same, which cannot be carried out without the appellants/defendants vacating the same.

(3.) THE learned trial Court decreed the suit for eviction holding that the same is required bonaflde by the respondent/plaintiff, and that he also intends carrying on repairs therein. In appeal filed by appellants/defendants, the judgment and decree as above, were affirmed and the suit of the respondent/plaintiff for eviction of the appellants/defendants was decreed.