A.M.NAIK
Jagdish Babu Raijaada – Appellant
Versus
Sanval Das Gupta – Respondent
1. This second appeal has been preferred against decree for eviction granted in favour of plaintiff-respondent against defendant-appellant on grounds under section 12(1)(a), (e) and (i) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act).
2. Short facts, relevant for the purpose of this appeal, are that the plaintiff-respondent instituted a suit for eviction and recovery of arrears of rent, with allegations that he owns House No.1078/8 situated in Municipal Ward No.8, Hammal Mohalla, Shivpuri. Suit premises comprised in two rooms and one varanda on first floor is occupied by defendant-appellant as tenant at the rate of Rs.30/- per month for residential purpose. Defendant is in arrears of rent with effect from 1.4.1982, which has not been paid, despite refusal of registered demand notice on 20.2.2003. Suit premises is required bona fide by the plaintiff for residence of his son Dinesh and grandson Navin son of Shyam Sunder. He has no alternative vacant accommodation of his own to accommodate the aforesaid family members for fulfilling need. This apart, defendant has acquired a house near private bus stand in Shivpuri for his residence and has shif
1. Arjun Khiamal Makhijani v. Jamnadas C. Tuliani and others [(1989) 4 SCC 612]
2. Malpe Vishwanath Acharya and others v. State of Maharashtra and another [(1998)2 SCC 1]
3. In AIR 2002 SC 2256 (Joginder Pal v. Naval Kishore Behal)
4. B.R. Mehta v. Smt. Atma Devi and others [AIR 1987 SC 2220]
5. Dudlmath Hukum Singh v. Ashok Mahadeo Sangewar [1998(2) MPLJ 50]
6. Shivnarayan v. Narendra Kumar and others [2004(2) MPLJ 344]
7. Sachhidanand Garg v. Govindlalji Maharaj [1983 JLJ SN 61 = 1982 MPLJ 129]
8. Mohini Badhwar v. Raghunandan Saran Ashok Saran [AIR 1989 SC 1492]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.