J U D G M E N T

This Second Appeal, under Section 100 of CPC, has been filed against judgment and decree dated 06.08.2024 passed by V^th District Judge, Gwalior (M.P.) in RCA No.255/2023, as well as, judgment and decree dated 21.11.2023 passed by XII^th Civil Judge, Junior Division, Gwalior (M.P.) in RCSA No.105/2016.

2. Present appeal has been filed by the tenant.

3. The Trial Court had granted decree for eviction under Section 12(1)(a) and 12(1)(f) of M.P. Accommodation Control Act (for brevity “the Act”). However, the appellate Court has set aside the decree for eviction under Section 12(1)(a) of the Act but has affirmed the decree of trial court which was passed on the ground of bona fide need for non-residential purposes.

4. It is submitted by counsel for appellant that plaintiff/respondent filed a suit for eviction on the ground that he is a Senior Advocate practicing in Gwalior. He is owner and in possession of part of building No.37/58 situated at Nadi Gate, MLB Road, Shinde Ki Chhawani, Lashkar, Gwalior. The aforesaid building was purchased in the year 1996 from his previous owner. It was alleged that the defendant is in possession of a shop situated in the said building on the