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PRANAY VERMA
Vijaykumar S/o Gendalal – Appellant
Versus
Praveen Kumar S/o Shantilal Jain – Respondent
JUDGMENT
1. Learned counsel for the appellant is heard on the question of admission.
2. This appeal under Section 100 of the CPC has been preferred by defendant No.1/appellant against the judgment and decree dated 27.08.2021 passed in Civil Appeal No.13/2020 by the 8th Additional District Judge, District Ujjain affirming the judgment and decree dated 29.02.2020 passed in Civil Suit No.16-A/2018 by the 8th Civil Judge, Class-I, District Ujjain whereby the claim of plaintiff/respondent No.1 for eviction of the defendants on ground enumerated under Section 12(1)(f) of M.P. Accommodation Control Act, 1961 (here-in-after referred as 'the Act, 1961') had been decreed.
3. The plaintiff instituted an action against the defendants for their eviction from the suit premises which is a shop measuring 1.86 meter x 8.36 meter situated in house No.152, Gopal Mandir Marg, Bada Sarafa, Ujjain submitting that Gendalal, father of defendants had taken the suit shop on rent from him, that upon his death 10 years ago the defendants have continued in occupation of the suit shop, that plaintiff is carrying on business of a saree shop from the shop adjoining the suit shop and from part on the first floor, tha
The judgment emphasizes the importance of proving the landlord-tenant relationship, bona fide need for eviction, and lack of other suitable accommodations in eviction cases under the M.P. Accommodati....
The judgment emphasizes the importance of proving bonafide requirement for eviction under Section 12 (1) (f) of the M.P. accommodation Control act, 1961, and the need for reasonably suitable alternat....
The landlord is obligated to plead and prove the availability of alternate accommodation and its unsuitability for the alleged need, as per the provisions of section 12(1)(f) of the Accommodation Con....
since the plaintiff was not starting a new business, which could be started in any other shop, as the requirement was for expanding the existing business by removing the wooden partition and as the b....
The central legal point established in the judgment is the genuine need for commencing a new business under Section 12(1)(f) of the M.P. Accommodation Control Act and the court's discretion in allowi....
The landlord's bona fide need and the absence of suitable alternative accommodation for the tenant are crucial factors in determining eviction under the Delhi Rent Control Act.
Control of Eviction of Tenants - Restriction on eviction of tenants - Bonafide - First appellate Court is absolutely unjustified in setting aside decree of eviction granted by trial Court under Secti....
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