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PRANAY VERMA
Shankarlal Thru. Lrs – Appellant
Versus
Chandraprakash – Respondent
JUDGMENT
Pranay Verma, J. - This appeal under Section 100 of Civil Procedure Code has been preferred by appellants against judgment and decree dated 09/11/2021 passed in Civil appeal No.19/2021 by IInd additional District Judge, Mandsaur, District-Mandsaur affirming the judgment and decree dated 19/02/2021 passed in Civil Suit No.2400006/12 by Vth Civil Judge, Class-I, Mandsaur, District-Mandsaur whereby the claim of plaintiff/respondent for their eviction from the suit shop has been decreed on ground enumerated under Section 12 (1) (f) of M.P. accommodation Control act, 1961 (which shall be referred hereinafter as 'the act, 1961').
2. The plaintiff instituted an action against defendant, since deceased now being represented through his legal representatives, the appellants for his eviction from the suit shop submitting that the same is bonafide required by him for commencing hand-loom business for his son Hemant Kumar, that he is not possessed of any other reasonably suitable alternate accommodation of his own in the town, that premises available adjoining the suit shop is extremely small and wholly unsuitable for business and is not owned solely by plaintiff, that he is carrying on
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 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 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....
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....
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....
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....
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.
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