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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Dwarka Dhish Bansal
Daduram Gupta (Dead) Thr. Lrs. Rajeev Gupta – Appellant
Versus
Purushottam Tawri – Respondent
JUDGMENT :
Dwarka Dhish Bansal, J.
This second appeal is preferred by the appellant/plaintiff - Daduram Gupta (now dead, through LRs) challenging the judgment and decree dated 31.10.2011 passed by Additional District Judge, Pipariya, District Hoshangabad in regular civil appeal No.20-A/2009 reversing the judgment and decree dated 23.10.2008 passed by Civil Judge Class - I, Pipariya, District Hoshangabad in civil suit No.10-A/2006, whereby trial court decreed the appellant/plaintiff's suit for eviction on the ground of bonafide requirement of plaintiff's son - Rajeev Gupta to start kirana business available under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (in short 'the Act') and in civil appeal filed by respondent/defendant/tenant, first appellate Court dismissed the suit.
2. In short the facts are that the original plaintiff - Daduram Gupta instituted a suit for eviction against the respondent/defendant with the allegations that the defendant is tenant in the disputed shop admeasuring 11' X 14' on rent of Rs.900/- per month. Despite making several demands and even after service of notice dated 28.04.2006 (Ex.P/1) the defendant did not pay the monthly rent. It is als
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 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 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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