( 1. ) THIS appeal is directed by the appellant/plaintiff under section 96 of the Civil Procedure Code being aggrieved by the judgment and decree dated 17. 5. 2002 passed by the IIIrd Add1. District Judge Katni in Civil original Suit No. 17-A/2001 dismissing her suit for eviction filed against the respondents.

( 2. ) THE factual matrix of the case in short is that appellant filed a suit against the respondents for eviction in respect of some non-residential accommodation situated in Katni as described in the plaint contending that respondents are the monthly tenant in such premises at the rate of Rs. 900/-per month. The respondents being defaulter did not pay the rent of such accommodation Rs. 19800/- for the period 1-4-1992 to 31-1-1994. The accommodation in dispute became dilapidated in the lack of proper maintenance by the respondents. It requires major repairing which is not possible without vacating the premises. The appellant has sufficient fund of Rs. 50,000/- the estimated cost of such repairing. Besides this, the suit is also filed on the ground of bona fide and genuine requirement for the business and godown of her son for which she did not have any other alternate