R.BANUMATHI, INDIRA BANERJEE
Hukum Chandra (D) Thr. Lrs. – Appellant
Versus
Nemi Chand Jain – Respondent
JUDGMENT :
R. Banumathi, J.
This appeal arises out of the judgment dated 25.04.2012 passed by the High Court of Madhya Pradesh in Second Appeal No.279 of 2007 affirming the judgment and decree passed by the first appellate court for eviction of appellant from the suit premises.
2. The appellant is a tenant in the shop measuring 6.3 feet x 15 feet on the ground floor of a building located at Sarrafa Bazar, Muraina, Madhya Pradesh. The respondent No.1 filed a civil suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (the Act) seeking eviction of the appellant from the suit shop on the ground of bona fide requirement to settle his son Rajendra Kumar Jain. By judgment dated 30.06.2004, the trial court dismissed the suit holding that Rajendra Kumar was already doing an independent business of utensils and he was not unemployed and also found that respondent-landlord has not established the genuine bona fide requirement. The trial court dismissed the suit by finding that there is no ground for decree of eviction against the appellant herein under Section 12(1)(f) of the Act. So far as the arrear of rent is concerned, the trial court found that no ground for evi
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