V.N.KHARE, S.S.M.QUADRI
Prem Narayan Barchhiha – Appellant
Versus
Hakimuddin Saifi – Respondent
Judgment
S.S. Mohammed Quadri, J.-These appeals, by special leave, are from the judgments and decress of the High Court of Madhya Pradesh at Jabalpur in Second Appeal Nos. 408/89 and 409/89 passed on 9.7.1997. The appellant is the landlord and the respondent is the tenant of two shops in house Nos. 23/507 and 508 situated at Azad Chowk Handipara, Raipur (hereinafter referred to as ‘suit premises’).
2. On 2.5.85, the appellant filed two suits in the Court of IInd Civil Judge II, Raipur, against the respondent for his eviction from the suit premises on the ground of bona fide requirement of his unemployed son for establishing a Provision Store under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (for short‘the Act’). He stated that he had no alternative reasonable suitable non-residential accommodation in the city of Raipur for the said purpose. The respondent’s plea was one of denial of bona fide requirement of the landlord. After framing necessary issues and considering the evidence on record, the learned Trial Judge came to the conclusion that the appellant failed to prove his bona fide requirement and observed that he had only a desire to establish the bu
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