The word 'business' in Section 12 (l) (f) includes any activity carried out for earning livelihood or profit, but does not include any other non-residential activity.

( 1 ) THIS appeal came up for consideration before single Bench of this Court on 3-7-2001 and the learned single Judge referred the matter to the larger bench as he has reached to the conclusion that there is a conflict of opinion in the two single Bench judgments of this Court in the case of Badrilal v. Digambar Jain panchayat, Sonkutch, 1973 MPLJ 690 and Tarachand Gupta v. Smt. Annapurnabai, 1968 MPLJ 751 on the question of interpretation of the word 'business' occurring in Section 12 (l) (f) of the m. P. Accommodation Control Act (hereinafter referred to as 'the Act' ). In the case of badrilal (supra) it is held that the word 'business' has to be interpreted in narrower sense that means the word 'business' will include only commercial activity while in the case of Tarachand Gupta (supra) it has been held that the word 'business' is comprehensive enough to include the profession or any activity carried for earning livelihood. In another case that is in the case of Taramal v. Laxman Sewak Surey, 1971 MPLJ 888, it has been held that the word 'business' should not be interpreted narrowly and it should be used in a wider sense. The word 'business' is not synonymous with trade or commerce. It means practically anything which is an occupation as distinguished from pleasure. Thus, as per this judgment the word 'business' has to be interpreted widely to include any other non-residential activity distinguished from pleasure.

( 2 ) IN the present case the plaintiff has filed a suit for ejectment on the ground that he requires the suit accommodation bona fide for starting a medical clinic for charitable purpose. For this purpose he engaged doctors who are ready to provide their services free from any remuneration. The suit filed by the plaintiff is decreed by the trial court and it is held that the plaintiff is entitled to get decree for ejectment under section 12 (l) (f) of the Act as he requires the suit premises for opening clinic for charitable purpose. This judgment was challenged by the tenant by filing an appeal. This appeal was allowed by the 9th Additional district Judge, Gwalior by judgment and decree dated 14-7-1998 and the judgment and decree passed by the trial Court was set aside. Second appeal filed by landlord was admitted by this Court on following three substantial questions of law. 1. "whether in the absence of any reasoning in respect of bona fide need recorded by the trial Court, the judgment of appellate Court holding that the suit does not fall within the ambit of Section 12{l) (f) of the madhya Pradesh Accommodation Control act, is proper and according to law ? 2. Whether in the absence of any finding that plaintiff has committed nuisance by starting furnace in the premises, the suit under Section 12 (l) (c) was rightly dismissed by the trial Court ? 3. Whether the suit for eviction for other than residential purpose in respect of starting charitable dispensary can be decreed under the provisions of Section 12 (l) (f) of the M. P. Accommodation Control Act ?"

( 3 ) LEARNED Single Judge hearing the appeal was of the opinion that there is conflict of opinion about the interpretation of the word 'business' and hence referred the matter to the larger bench.

( 4 ) FOR interpreting the word 'business' occurring in Section 12 (l) (f) of the Act, it is necessary to first find out the object of enacting Section 12 (l) (f) of the Act and the reference and context in which the said word is used by the legislature in the said section. It is, therefore, necessary to first refer section 12 (l) (f) of the Act which reads as under:"12 (1 ). Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil Court against a tenant for his eviction from any accommodation except on one or more of the following groups only, namely (f) that the accommodation let for rion residential purposes is required bona fide by the landlord for the purpose of continuing or startin