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ANJULI PALO
Pradyuman Singh – Appellant
Versus
Anil Kumar Dubey – Respondent
JUDGMENT
1. This second appeal has been filed against the judgment and decree dated 29.3.2019 passed by learned 13th Additional District Judge, Rewa in Civil Appeal No.158/2018 whereby the Lower Appellate Court allowing the appeal preferred by the plaintiff has reversed the findings recorded by the trial Court in judgment and decree dated 22.10.2018 passed in Civil Suit No.17-A/2016 and directed that the plaintiff would be entitled to the possession of the suit property after two months from the date of judgment.
2. The respondent/plaintiff filed the Civil Suit, C.S. No.17-A/2016 under sections 12 (1) (a), 12 (1) (c) and 12 (1) (f) of the M.P. Accommodation Control Act, 1961 for eviction and recovery of arrears of rent against the appellant/defendant on the grounds that the defendant has not paid arrears of rent; and bona fide need of his personal use and to run his business on the said premises and he has no alternative suitable accommodation.
3. The defendant filed written statement denying the averments made in the plaint contending inter alia, that the plaintiff has not issued any demand notice for arrears of rent and as he is ready and willing to deposit the rent from June, 201
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.
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 court reaffirmed that bona fide need for premises may justify eviction, especially when tenant fails to pay rent and alternative accommodations are unavailable.
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 genuine need of the landlord for the premises and the default in rent payment by the tenant are crucial factors in eviction cases.
Point of Law : Eviction Decree - High Court in revisional jurisdiction should not re-appreciate the evidence as if in the First Appeal and enter different finding though another finding might also be....
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....
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