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SUBODH ABHYANKAR
Kishanchand Narsumal – Appellant
Versus
Pankaj Kumar, S/o. Shri Govardhan Das Agarwal – Respondent
JUDGMENT :
Subodh Abhyankar, J.
Heard finally.
2. This second appeal has been filed under section 100 of CPC against the judgement and decree dated 13-3-2014 passed by the 11th Additional District Judge, Indore in Civil First Appeal No. 58/2013, by which the judgement and decree dated 16-7-2013 passed by the learned Class – I, Indore in COS No. 99A/12 for eviction under section 12(1)(d) and 12(1)(f) of the M.P. Accommodation Control Act, 1961 (in short ‘the Act of 1961’) was confirmed.
3. This appeal was admitted on 9-4-2015 on the following substantial questions of law :—
(b) Whether the tenancy of the appellants was terminated by respondent as per requirements of law and hence decree for eviction is contrary to provisions of law?”
4. Heard on I.A. No. 4833 of 2019 which is an application filed under section 100 (5) of CPC for framing of additional substantial questions of law.
4.1 Shri Sethi, learned Senior counsel for the appellants has submitted that although the
Landlords must demonstrate bona fide requirements for eviction under the M.P. Accommodation Control Act; non-use of premises for six months provides grounds for eviction.
The central legal point established is that the need of the landlord, even in an unregistered firm, should be considered for eviction under Section 12(1)(f) of the M.P. Accommodation Control Act, 196....
The Court emphasized the objective of speedy possession for landlords under Section 14(1)(e) of the DRC Act and found that the tenant's prolonged proceedings and subsequent review petition were an ab....
Landlords can seek tenant eviction based on bona fide need, despite owning other properties nearby, provided alternatives do not meet their specific business requirements.
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