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2004 Supreme(SC) 1605

B.P.SINGH, ARUN KUMAR
Indrasen Jain – Appellant
Versus
Rameshwardas – Respondent


Judgment

Arun Kumar, J.—This appeal is directed against the judgment dated 28th November, 2003 of the Madhya Pradesh High Court whereby a Civil Revision filed by the respondent-landlord against the judgment of the Rent Control Authority, Indore was allowed. The Rent Control Authority, Indore had dismissed the landlord’s petition for eviction filed under Section 23A of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as ‘the Act’). The tenant has filed the present appeal against the judgment of the High Court.

2. Briefly the facts are : the respondent claiming to be owner of the suit premises sought eviction of the appellant tenant therefrom, on the ground of his personal bonafide need. The suit premises comprises of a shop of the size of 20.8 feet X 10.5 feet besides a small ante-room. The rent of the premises is Rs. 500 per month. The appellant is a medical practitioner and is carrying on his practice in the suit premises. The respondent sought eviction of the appellant on the ground that he required the premises to start his own business of selling books and stationery. It was pleaded that the landlord did not own any other premises suitable for business purposes.
































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