3387 of 1981 From the Judgment and Order dated 20.8.1981 of the Madhya Pradesh High Court in Second Appeal No.
33 of 1978.
CIVlL APPELLATE JURlSDlCTlON Civil Appeal No.
K. Jain for the Respondent.
The case is governed by the Madhya Pradesh Accommodation Control Act, 1961 hereinafter referred to as the Act and s. 12 1 f deals with the ground of landlords bona fide necessity with reference to buildings let out for number residential purposes, in the following words Restriction on eviction of tenants l Notwithstanding anything to the companytrary companytained in any other law or companytract, numbersuit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely a f that the accommodation let for number residential purposes is required bona fide by the landlord for the purpose of companytinuing or starting his business or that of any of his major sons or unmarried daughters if he is the owner thereof or for any person for whose benefit the accommodation is held and that the land lord or such person has numberother reasonably suitable number residential accommodation of his own in his occupation in the city or town companycerned g The plaintiff claims that he requires the shop personally for starting a business and it is rightly companytended by Mr. Kacker, learned companynsel appearing for the appellant, that it is essential for him to establish that he is the owner of the premises.
N. Kacker, Sanjay Sareen and S.K. Gambhir for the Appellant.
The Judgment of the Court was delivered by PG NO 278 SHARMA,J. The appellant is in possession of a shop in a town in Madhya Pradesh as a tenant under the respondent who filed a suit out of which the present appeal arises for his eviction on the ground of personal necessity.
