A.V.VARADARAJAN, SABYASACHI MUKHARJEE
Radhey Shyam: Durgabat – Appellant
Versus
Kalyan Mal – Respondent
Judgment
ORDER:-These appeals by special leave are by the tenants whose eviction has been ordered by all the Courts below under S. 12(1)(f) and (h) of the Madhya Pradesh Accommadation Control Act, 1961, on the ground that the respondent landlord requires the premises bona fide for the purpose of having his gold and silver ornaments factory after demolishing, the present building and putting up a new building at the place. The tenants were carrying on verious kinds of business in the premises. Their defence was that the land lord has other alternative accommodation where he could locate his proposed factory and that his requirement is not bona fide. The Courts below have found that the alternative accommodation alleged by the appellants to be available to the landlord is really a farm house which is used for the residential purpose, namely as accommodation for the farm servants of the landlord and it is situated about three miles away from the town and near a burial ground in a lonely place and that it is also not a suitable place where a factory for the manufacture of gold and silver ornaments could be carried on without risk to life and property. As regards the ground of bona fide
applied : Ramnikial Pitambardas Mehta v. Indradaman Arnratlal Sheth
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