The genuine need of the landlord for the premises and the default in rent payment by the tenant are crucial factors in eviction cases.

JUDGMENT :

Rajeev Kumar Shrivastava, J.

1. This second appeal has been filed under Section 100 of CPC against the impugned judgment and decree dated 30.08.2018 passed by Fifth Additional District Judge, Guna in Civil Appeal No. 103A/2016, which was filed challenging the judgment and decree dated 16.9.2016 passed by Third Additional Judge, Guna to the Court of First Civil Judge Class-2, Guna in Civil Suit No. 104A/2009.

2. The facts of the case in brief are that the plaintiffs/respondents owned and possessed the disputed house as per map annexed with the plaint, which was let out to defendants/appellants as per rent deed dated 1.3.1997. The defendants-tenant have not paid the rent from May 2009 onwards. The disputed house is in dilapidated condition and there was apprehension of unhappening, therefore, the defendant-tenants were requested to vacate the disputed house but thereafter the defendants-tenant did not vacate the disputed house. The disputed house was needed to the plaintiffs/landlord for running their business and for which a notice was served upon the defendants-tenant by the plaintiffs-landlord through their counsel for terminating the tenancy w.e.f. 30.6.2009 and handing over the vacant possession of the disputed property. Therefore, cause of action accrued to the plaintiffs on 30.6.2009. The written statement was filed by the defendants-tenant and the averments pleaded in the plaint were denied.

3. On the basis of aforesaid pleadings of the parties issues were framed and trial Court after hearing the parties and appreciating the evidence available on record, granted the decree in favour of plaintiffs-landlord under Section 12(1)(f) of the Act and thereafter First Appellate Court has passed the decree in favour of the plaintiffs-landlord under Section 12(1)(f) as well as under Section 12(1)(a) of the Act. Hence, this second appeal by the defendants-tenant.

4. It is an admitted fact that the disputed house of plaintiffs is as per the map annexed with the plaint which was rented out to the defendants as per rent deed dated 1.3.1997. It is apparent from the memo of present second appeal that the appeal has been preferred challenging the decree only under Section 12(1)(f) of the Act.

5. Section 12(1)(a) and 12(1)(f) of the Act runs as under:-

"12(1)(a) - That the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the prescribed manner;

(b) xxx xxx xxx

(c) xxx xxx xxx

(d) xxx xxx xxx

(e) xxx xxx xxx

(f) That the accommodation let for non-residential purposes is required bona fide by the landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters if he is the owner thereof or for any person for whose benefit the accommodation is held and that the landlord or such person has no other reasonably suitable non-residential accommodation of his own in his occupation in the city or town concerned."

6. Sub-section (1) of Section 12 of the Act provides that the landlord shall not be entitled to recovery of possession of any premises so long as the tenant pays or is ready and willing to pay the amount of standard rent together with permitted increases and observes and performs the other conditions of the tenancy insofar as they are consistent with the provisions of the Act. The Act creates a restriction on the landlord's right to the recovery of possession. Ordinarily, the landlord will have a right to recover possession from the tenant when the tenancy has been determined.

7. Though the Legislature has provided several grounds to seek eviction of a tenant, however one ground is held sufficient to evict the defendant-tenant, if made out on facts and in conformity with the requirement of ground contained under Section 12(1). It is not necessary for the landlord to establish existence of each and every ground thoug