PRAKASH KUMAR Vs. NAFIZ RAZA

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 being aggrieved by the judgment/decree passed by 5th Additional District Judge, Raipur (CG) in Civil Suit No. 3-A/2013 wherein the said court decreed the suit filed by the respondents for eviction of appellant/tenant from shop/house No. 41/362, 362/1 and 362/2 situated at Ever Green Chowk, Baijnathpara, Raipur.

(2.) The facts giving rise to this appeal, in brief, are that the respondents/plaintiffs herein have filed a suit for ejectment, vacant possession, balance rent and damages for a shop in the said premises named and styled as Versha Stores. Admittedly, the appellant was tenant of Gulam Mohammed who sold the entire property including the disputed shop by way of registered sale deed dated 6-8-2005 to respondents. After purchase of the property respondents informed the appellant vide legal notice dated 11-10-2005 that the respondents have become landlord and rent should be paid to them. Despite notice, rent was not paid then legal notice dated 4-2-2006 was issued against the appellant which was served to him on 7-2-2006 but arrears of rent was not paid within two months. It is further case of the respondents that they are in need of the shop for business of cosmetic and ladies garments and there is no vacant suitable accommodation available in the locality of Raipur. It is further case of the respondents that the appellant has denied the title of disputed shop and acted in a matter which is inconsistent with the purpose for which he was admitted to tenancy, therefore, ground under Section 12(1)(a), 12(1)(f) and 12(1)(c) of the Chhattisgarh Accommodation Control Act, 1961 (for short, "the Act, 1961") is available to respondents. As per the appellant, the trial court recorded a finding contrary to factual matrix and legal aspect of the matter.

(3.) Learned counsel for the appellant would submit as under: