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GAJENDRA SINGH
Gopal Prasad Tiwari – Appellant
Versus
Sadhana Singh Tomar – Respondent
JUDGMENT :
Gajendra Singh, J.
This second appeal has been preferred challenging the judgment dated 20-3-2023 passed by learned Fifth Additional District Judge, Dr. Ambedkar Nagar, Mhow, District Indore in Civil Regular Appeal No. 28-A/19 arising out of judgment dated 30-4-2019 in Civil Suit No. 109-A/2014 by IVth Civil Judge, Class I, Indore (M.P.) whereby the decree of eviction has been passed against the appellant/tenant/ defendant on the ground of section 12(1)(f) of M.P. Accommodation Control Act, 1961.
2. The facts as mentioned before the trial Court are that the respondent/plaintiff filed the civil suit on 14-10-2014 for the vacant possession of the portion of house No. 21, Main Street, Mhow, Indore that was in the possession of defendant/appellant on the ground of 12(1)(a), 12(1)(c) and 12(1)(f) of M.P. Accommodation Act, 1961 claiming that the defendant/appellant is the tenant of suit accommodation at the rate of Rs.2500/- per month rent on the basis of rent note dated 1-2-2008 from the husband of the respondent/plaintiff. The death of husband of plaintiff was occurred in the year 2010. An Amount of Rs.97,500/- is due for the period of 1-8-2011 to 31-7-2014 and the accommodati
The bona fide requirement for eviction under the M.P. Accommodation Control Act is a factual matter that courts should respect unless clear errors are demonstrated.
The court reaffirmed that bona fide need for premises may justify eviction, especially when tenant fails to pay rent and alternative accommodations are unavailable.
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 bona fide need of a landlord under the M.P. Accommodation Control Act includes the needs of their spouse, and heirs can execute eviction decrees despite the original landlord's death.
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